You know your pup counts on you for, well, everything. So what happens if the unthinkable happens and you don’t come home?
Two or four legged, thinking about those that we might leave behind after we pass is a difficult topic for many of us. In fact, Caring.com’s 2024 wills survey reported that more than 50% of respondents don't have a will at all.
And only a tiny fraction of those with a will have considered their pets in it. So, what are the considerations that we should contemplate to make sure that our most loyal and loving companions are cared for? We’ll offer a high-level discussion, but we’re not attorneys, so this is only for your preparation in talking to yours.
We unfortunately, if we step into this topic, have to consider that tragedy of so many kinds can happen in an instant. Many that avoid a will might think, “Oh, but if something happens to me, my partner or family will be there.” But there are heartbreaking accidents where a whole family is taken. If you’re brave enough to walk this path, let’s review the factors and options for providing for pets after we’re gone
The first step might be, who would be your emergency caregiver?
All legal issues aside, we need somebody to tend to our dogs and any other pets immediately.
We think you need two trusted friends who are willing to act as emergency caregivers. Obviously, you need to have that conversation with them. You want your most responsible, dependable, and nearby friends. They’ll need your home keys as well as feeding and care instructions. Let them know there is a place where they can find the name of your veterinarian and the information about any permanent care provisions you may have made for your pet.
There is the question of course of how would they know? If you live alone, please employ a solution for that like we discuss in this review. You might post removable "in case of emergency" notices on your doors or windows specifying how many and what types of pets you have.
Permanent care.
Beyond the immediate care considerations, what sort of permanent care provisions can we make? Perhaps you instantly know what your plan would be; maybe it’s a family member that knows and loves your pups that would be their new family. If so, that’s great, though there’s always the chance you might want to have a second option should something change for your first. Then, stay in touch with the designated caregiver/alternate, as circumstances can change, and you want to know that your wishes can still be satisfied.
If you don’t know, well that’s a series of deliberations and conversations you might want to have. But some of us just may not have a solution, and maybe we just never got to thinking about that.
In this case, of course you know that we’ll remind you that Cavalier Rescue USA is here. It is how so many of our rescues across the country come about; the pups Mom or Dad pass or have to be moved to a nursing facility. Hopefully you know how diligent we are at making sure our rescued dogs are extensively vetted and carefully placed in a loving home that meets their needs. And we can be written into your plans as well as anybody.
So how do we go about having a succession plan?
You might immediately think that writing them into your will (or adding a “codicil” to an existing one) would suffice. But know that dogs are considered personal property, so the default would be that your dog will be given to whoever inherits the personal property of your estate. Even if you name that person in the will, maybe differing from the rest of the inheritance, there are several shortcomings to the approach.
You might, as part of that, direct some financial terms to that caregiver to give them the means to support your dog’s ongoing health and care. However, there’s generally no way to have that care directive enforced. The money is given at once to that person and they are free to use it as they wish. Obviously, you picked them because you believe they’ll carry out your wishes; just know there’s no way to obligate them in this simple instance.
One possible enhancement is leaving those finances to the Executor of the estate with directions. That itself is a consideration that the Executor would have to agree to, as it is ongoing financial management beyond just settling the estate. Of course, in this instance we’re assuming the two parties are not the same.
A Pet Trust
Depending on your situation, what might give you the comfort of knowing your wishes will be realized is a Pet Trust.
Much like a will, a trust would identify the caregiver and set aside money to fund your dog’s care. The “Trustee” you assign then holds and manages the money. There are a lot of advantages to utilizing a trust.
They include that while wills don’t take effect right away, weeks usually, a trust is in effect immediately. That’s without even considering the possibility that a will may have to go through the probate process.
If written correctly, a pet trust can become effective even before you die, where maybe you become hospitalized. It should be noted here that, while you are alive, a Power of Attorney document can offer that as well without creating the more complicated legal framework.
And as alluded earlier, the instructions in a will aren’t enforceable. It merely is an instrument that distributes property. Here, the trustee you appointed can enforce the trust and the money would be allocated over time.
You might require routine inspections or require the trustee be sent the vetting records as they occur. You can create as complete a review process as you like. There is a greater cost to the trust approach as it creates an ongoing legal entity to manage those resources. A final note is that you likely want to name what is called a “remainder beneficiary,” which is someone that would inherit any leftover money there might be after your pet passes.
Finally
While there are several approaches to taking care of our precious ones, two-legged and four, after we head for that Rainbow Bridge, perhaps most important are the conversations with your friends and loved ones. The best of plans can fall apart without the right understandings.
And from our pups and yours, thank you for thinking of them.