[WSBAPT] are pet animals tangible personal property?

[Joshua McKarcher]

Andrekita/Kate,

I agree that a TPP memo will work, as there is no question under current law that animals are personal property (either of an individual testator or of a business entity).

A pet trust can work very well — when it works as a practical matter, such as for one or two pets regarding which (whom? 😌) the recipient is making a long-term commitment.

Kate’s client sounds like one who has a lot of individual animals to find new homes for and who knows recipients won’t require financial assistance to care properly for the animals. Especially where the individual recipients may change over time for one or more animals, using a TPP memo is wise.

For those who may be newer at this: Ensure testators know the property descriptions must leave no doubt which animal or other item is being described on each line item, or the gift may fail. I tell clients I love the word “all” preceding words like jewelry, guns, collectible dolls, quilts, etc., if indeed that is what’s intended.

Else, identifying and distinguishing adjectives (breeds, colors, model/serial numbers, carat weights, metal types, etc.) can really “save the day” when the time comes.

As an aside, Andrekita, your emails are always just so lovely. Thank you for sharing how you do. The adoption resource for Diane was very helpful.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of ak at seattle-silvalaw.com <ak at seattle-silvalaw.com>
Sent: Tuesday, October 3, 2023 7:25:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] are pet animals tangible personal property?

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<mailto: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)

http://www.skagitlaw.com [1<http://www.skagitlaw.com/>]



Links:
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