[WSBAPT] Will provisions for pets

Thu Mar 19 10:58:19 PDT 2015

Great points Beth, thanks. 

Very truly yours, 
Maureen A. Wickert, Attorney at Law 

       WICKERT LAW OFFICE 

14900 Interurban Avenue South, Ste 255 
        Tukwila, WA 98168 
       Phone: 206-859-5502 
         Fax: 206-260-9005 
     www.wickertlawoffice.com 
       wickertlaw at comcast.net 

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----- Original Message -----

From: "Beth McDaniel" <beth at bethmcdaniel.com> 
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com> 
Sent: Thursday, March 19, 2015 10:43:18 AM 
Subject: Re: [WSBAPT] Will provisions for pets 

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 

beth at bethmcdaniel.com 

This communication contains confidential information and may be attorney/client privileged.  If you are not the intended recipient, or believe you have received this communication in error, please reply to the sender stating that fact and delete the copy you received. 

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 

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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