[WSBAPT] are pet animals tangible personal property?

[ak at seattle-silvalaw.com]

Law Office of 
F.ANDREKITA SILVA
_______________________________________________________   

October 3,  2023 

Kate, I don't want to offend animal lovers. But, I believe that even though RCW 11.12.260 doesn't expressly say animals are tangible personal property, I believe they are.   

In divorce cases -- there is a 2021 published Division I case- Marriage of Niemi where the appellate court expressly found 2 dogs to be the husbands "separate property." It reversed the superior court which treated them like children and gave the wife "visitation" with the dogs.   

It is not uncommon for testators to create trusts for their pets. But, I think if they wanted to put them on a tangible personal property list the could do that.  I'm thinking if there was a dispute, the probate court would go with the testator's wishes and characterization of their own pet. 

I'm curious what others think. 

andrekita 

Law Office of F. Andrekita Silva 

1325 Fourth Avenue, Suite 940 

Seattle, Washington 98101-2509 

206-224-8288 

www.seattle-silvalaw.com 

On 2023-10-03 18:46, Kate Szurek wrote: 

> Client wants to be able to name who is to receive her pets (parrot,
> donkey, and horses) when she dies using a TPP list.  Does that work? 
> 
> Animals certainly aren't real property and they are not intangible. 
> But I've never seen it addressed and I'm not finding anything that
> clearly makes this a realistic possibility. 
> 
> Your thoughts??  Your experiences?? 
> 
> Thanks, as always. 
> 
> Kate 
> 
> _Kate Szurek_, J.D., LL.M. (in Taxation) 
> 
> kate at skagitlaw.com 
> 
> _Skagit Law Group, PLLC_ 
> 
> P.O. Box 336 / 227 Freeway Drive, Suite B 
> 
> Mount Vernon, WA  98273 
> 
> 360.336.1000 
> 
> 360.336.6690 (fax) 
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> http://www.skagitlaw.com [1 [1]] 
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