Who is going to take care of Fido when you’re gone?

Published 9:59 pm Saturday, November 13, 2010

Since dogs have a short life span compared to us, most people do not think about their pets outliving them. What happens if he does out live you? Does Fido go to live with Aunt Mandy or Granny Sue? If not, who?

If you don’t want your four-legged friend to end up in a bad situation or the county pound, you should plan ahead. If you don’t feel comfortable with just letting your wishes be known, consider a pet trust.

Pet trusts are now recognized in Ohio and 34 other states. Since pet trust are relatively new, they are sure to be challenged in court. Any time someone leaves money to their pet and not their family, it is sure to create a stir.

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In a 1999 Ohio case, a woman left her entire estate to a humane society with one stipulation- they would care for her pet for the rest of his life. After the pet passed, their organization could have the remainder of the money.

The woman’s family contested her will, saying that anyone who would leave everything to a pet must lack the mental capacity to prepare a valid will or trust. After seven years of judicial proceedings, the court found that the trust was valid.

Also, if you decide to leave the responsibility of your pet to someone, always name alternatives in case they refuse to take Fido or they are not able to.

The same goes if you wish to leave the care of your pet or money to a humane society. What happens if the organization goes under, what then? Again, name an alternative.

In another 1999 Ohio case a women left a humane society a lump sum of money. The will was written in 1957 and by the time 1999 rolled around, the humane organization was no more.

It is best to let your family know your wishes now, so that when the time comes, they are not caught off guard when Fido shows up.

To protect your wishes contact an attorney that is knowledgeable about pet trust. If you’re not sure where to turn contact your state bar association for referrals.

You may also want to consult your accountant to find out what form of pet trust will give you the best tax advantages.

The Humane Society offers more in-depth information on pet trusts and wills on their website. You can check it out at www.hsus.org/petsinwills. Remember, every dog deserves to be treated like a show dog.

Tony and Kate Barker are owners of The BARKer Shop.