[WSBAPT] Pet Question

[Eric Nelsen]

I haven’t done this but I think I might give the person a power of appointment to designate who is to receive the animal. The animal is property of the estate so the person needs authority to give it to someone. Alternatively, the will could instruct the executor to give the animal to whomever the person designates. Maybe that’s the same thing?

As for the monetary gift, I think I would quiz the client further. Ask them about trust—they clearly care about their animals and must trust the person to do the right thing. So ask the client to imagine a scenario where that person did their best but couldn’t find a good home—what is that person supposed to do in that case? Do they still trust that person to do something the client would want (which is presumably take the animal in themselves or something rather than euthanizing). After spending some time exploring and discussing the full level of trust that the client has in the person, you might suggest making the monetary gift completely independent of the pet issue—don’t tie them together at all. Why do that if the client trusts the person so much? Just give them the money and trust they’ll take care of the animal.

On the other hand, if the client realizes that they’re thinking of the money as an incentive for the person to do the right thing, the client might realize they don’t really trust the person quite enough, and re-think the whole scenario. Or the client might confirm that they want the money to be contingent on successfully finding a good home for the animal. (Then the question is, what is a “good home” and does the Executor simply decide whether the standard has been met? What if a no-kill shelter is the best available option?)

I don’t think I’d use a trust necessarily, but there are a lot of steps to making this provision. The main goal clearly is to take care of the animal, so the client really should think primarily about that instead of focusing on the formula of financial incentives for that goal.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Friday, December 18, 2020 5:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Pet Question

Hello List Mates,

Happy Friday Afternoon, here's an interesting question for anyone still glued to their computer this evening:

If a client wants to make a person (not the Personal Representative)  responsible for finding a suitable home for his or her pets, and then leave a specific gift of funds to the person who undertakes to place the pets in a home, how would you structure these gifts?

It's not a pet trust (I don't think). The funds are NOT intended for the care of the animal. They are intended to compensate the person who undertakes to find the animals a home. And yet, the role the appointee is being asked to serve is much like that of a trustee of a pet trust.

Would you structure it as a specific gift of the pets and then a specific gift of funds conditioned on first finding the pets a home? Or would you try to draft it as a pet trust? Talk the client out of this plan? Other approaches?

Open to your thoughts, ideas, and considerable experience.

Warmly,
Laura


--
Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

PO Box 82356

Kenmore, WA 98028

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