[WSBAPT] Will provisions for pets

[Beth McDaniel]

I think the proposed language is excellent and it is important to for the Will to contain language re pets.  I don't know, however, if anyone has advice to offer re the more likely situation where first person who comes across the pets takes action without being privy to the terms of the Will.  For example, I have a client who recently died in a hospital.  His x-wife was contacted by the hospital re the death.  She took it upon herself to go to his home and take my client's dogs 'to the pound.'  In this case, the PR brother lives in NJ and was not informed until after this action took place.

Also, recently a law school classmate of mine passed away.  Reportedly, my classmate's sister went to her house and took the dogs 'to the pound' and requested that the oldest dog be euthanized.

Thoughts?  My only thoughts are to somehow try to educate 'the public' to, if they encounter pets in those situations, make sure the pets basic needs are met until a decision maker gets put in place.  Also, if there isn't already, there should be a provision in the law that 'the pound' cannot adopt out or otherwise dispose of a pet until there is a legal decision maker (downside: that could take time).  Finally, we should counsel our clients to inform those closest to them that they have made final arrangements for their pets.


Beth A.McDaniel
Law Offices of Beth A. McDaniel, PLLC
272 Hardie Avenue SW
Renton, WA 98057
(425) 251-8880
fax:(425) 336-2505
www.bethmcdaniel.com<http://www.bethmcdaniel.com/>
beth at bethmcdaniel.com<mailto:beth at bethmcdaniel.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Thursday, March 19, 2015 10:02 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Will provisions for pets

Good morning all,

A client would like to have some provision in her will so that any pet she might own when she dies is taken care of and not just shipped off to the pound or euthanized.  She is considering leaving a small amount of money to whomever agrees to take the pet and is fine with leaving the details - the amount of money and the person to whom the pet will go - up to the personal representative.  I was just going to add a paragraph authorizing the personal representative to select a suitable person to receive  the pet and to determine an appropriate one-time payment.  There is not enough money to warrant a pet trust nor does the client want to be so formal.

Does anyone have flexible language that they recommend for use in wills for this scenario?

Thanks in advance for any assistance,

Jennifer

Jennifer M. Johnson | Attorney
Hanigan Law Office, P.S.
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3494

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