[WSBAPT] are pet animals tangible personal property?

Fri Oct 6 22:24:21 PDT 2023

Law Office of
F.ANDREKITA SILVA
_______________________________________________________

October 6, 2023

Josh and Sarah,

Thank YOU so much for you for your kind remarks.

That said, I think my contributions to the listserve are relatively 
miniscule in comparison to the personal benefit I’ve received from the 
wise and generous contributions of others to this listserve.

So, I’m always happy to contribute where I can!!

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
www.seattle-silvalaw.com

PLEASE NOTE:  I’ve moved to a different floor.  As of April 20, 2023, my 
Suite number is 940 (no longer 2000). My new address is:  1325 Fourth 
Avenue, Suite 940   Seattle, Washington 98101-2509.  All other contact 
information remains the same.

On 2023-10-04 04:57, Joshua McKarcher wrote:
> 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 [2]
> -------------------------
> 
> 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
>> 
>> _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 [1]]
>> 
>> Links:
>> ------
>> [1] http://www.skagitlaw.com/ [1]
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> 
> 
> Links:
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> [1] http://www.skagitlaw.com/
> [2] http://www.mckarcherlaw.com
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