Leading estate planning and probate lawyer of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, warns pet owners to include pets in estate plans to prevent them from being treated as property or ending up in shelters. For more information please visit https://www.brumfieldlawgroup.com
— Leading Probate and Estate Planning Attorney Robert Brumfield has urged pet owners not to overlook the future needs of their family’s four-legged friends in their estate plans.
For more information please visit https://www.brumfieldlawgroup.com
While family pets bring love and contentment to people, particularly those living alone, they often face their own challenges when the only resolution for them is to be placed in a shelter because they were not included in an estate plan.
According to the US Census Bureau, 60 million Americans own pets. And they don’t hesitate to spend money on their care, with $5.8 billion spent on pets between 2007 and 2017.
Brumfield of The Law Offices of Robert H. Brumfield, P.C. said: “Estate planning is often associated with discussions about wealth distribution, retirement accounts, and family legacies. However, for pet owners, neglecting this aspect of planning can introduce unexpected risks that may leave beloved animals in vulnerable positions.”
He said it was crucial for families to address the unique estate planning concerns that come with pet ownership and an animal’s future needs.
One significant risk for pet owners is the assumption that their pets will automatically be cared for by heirs if they pass away unexpectedly. “Without proper planning, there is no guarantee a trusted friend or family member will step in, or that the financial resources will be allocated for their ongoing care,” Brumfield said.
Ambiguous language often found in wills and estate documents can undermine a person’s wishes. But pet owners mistakenly believe a simple mention of a pet in an estate plan will secure its care.
“In reality, if the language is unclear, a court may classify the pet as personal property rather than a living companion with emotional value,” he said. This distinction can lead to unintended consequences, such as the funds intended for pet care being used for other purposes or the pet being placed in a shelter.
Estate planning documents should have precise language that helps avoid pitfalls and clear directives for the pet’s future. A plan should explicitly designate a caretaker and, if necessary, establish a pet trust.
A pet trust is a legal arrangement that allocates funds for the pet’s care, ensuring the chosen guardian has the legal authority and the financial means to maintain the pet’s quality of life. The trust is managed by a trustee who disburses funds to the caregiver according to the decedent’s instructions. The trust, which can cover expenses such as food, veterinary care, and other necessities, ensures a pet’s care is sustained without imposing a financial burden on the caregiver.
However, inadequate communication with potential caregivers presents new risks. Even when a pet trust or clear instructions are included in an estate plan, the lack of direct conversation with the designated guardian can result in confusion or disagreement.
Pet owners are encouraged to have in-depth discussions with the individuals they trust to care for their animals. These conversations should cover financial arrangements, the level of care expected, and contingency plans if the primary caregiver is unable to fulfill their role.
“Open communication ensures everyone is on the same page, reducing the risk of disputes or misinterpretation of the pet owner’s wishes.”
Brumfield said that failing to update estate planning documents can be detrimental, especially for pet owners whose circumstances change over time. Changes in family dynamics, financial status, or even the health and needs of a pet can impact the effectiveness of an estate plan.
He advised that estate plans should be regularly reviewed and updated to reflect changing times and circumstances. If a pet, for example, develops specific dietary or medical needs, the financial allocations and care instructions in a pet trust may need to be adjusted.
Another challenge for pet owners is the potential tax implications and legal fees associated with administering pet trusts. Some states have specific regulations governing pet trusts, and these can vary widely.
Failure to comply with local laws may result in additional costs or even the invalidation of the trust. Consulting an estate planning attorney who has experience with pet trusts is a wise investment.
The loss of a pet can be as devastating as the loss of a human family member, and disputes over pet care can exacerbate the grieving process. A detailed, legally binding estate plan can be a source of comfort, knowing the pet’s future is secure.
“Proactive planning secures the financial resources for ongoing pet care and ensures animals are placed in a loving, supportive environment,” Brumfield concluded.
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Contact Info:
Name: Robert H Brumfield
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Organization: Law Offices of Robert H. Brumfield, P.C.
Address: 1810 Westwind Drive, Suite 100, Bakersfield, CA 93301
Phone: 661-464-7770
Website: https://www.brumfieldlawgroup.com
Release ID: 89170980
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