pamperedpuppy // luxury lifestyles for dogs

Dying to Spoil Your Puppy

We all know and cherish the boundless joy, love and loyalty our pups bring into our lives. How saddening, therefore, to realize that in the U.S. alone, 500,000 animals are murdered (some sources say "euthanized") per year because their human protectors suffer a disability or pass away without having made provisions for the continuing care of their companions.

Happily, the truth is that with a modicum of foresight and planning, we can insure that should we be stricken by dire misfortune, our pampered puppies will not only live out their natural lives, but do so in the style to which we have accustomed them.

It goes without saying that the very best option is to have a relative or friend so well-disposed towards your dog that they will gladly be its godparent. Even when your dog is fortunate enough to have such a godparent, however, it is only right for you to leave that person funds sufficient to the perpetual spoiling of your canine.

Here we are touching on an important point. From state to state, province to province, and country to country, the legal status of dogs included in wills varies. Yet in virtually all jurisdictions, dogs are considered property. Thus, one can not simply include in one’s will "I leave one-quarter of my estate to Ch. Hildegarde de la Rochefoucauld." That instruction would, in any case, be inadequate to the all-around care of Ch. Hildegarde de la Rochefoucauld.

Before getting to the nitty-gritty of how to provide for a pooch in your will, let’s review some basic steps you can take to prepare for unpleasant contingencies.

In your wallet there should be a doggie-in-distress alert card, listing the location of your dog as well as names and phone numbers of emergency care givers, including your veterinarian. Doors and windows of your dwelling should have signs alerting emergency workers to the presence of dog(s) and other domesticated beings in your home. On the backside of your entryway doors should be a sign listing emergency care instructions for your canine.

Friends or relatives who have agreed to care for your dog should be given keys to your dwelling along with all information relevant to the pup’s maintenance. Neighbors with whom you are friendly should know the names and phone numbers of those who have agreed to serve as emergency dog-sitters.

Experts agree it is best to have at least two emergency care givers lined up for your dog. You want to stay in frequent enough contact with these people that should they no longer be in a position to help, you can line up somebody else. If there are no capable and caring persons able to volunteer as godparents, all is not lost. The executor of your will can be charged with the temporary care of your dog and his placement in a non-institutional setting. It is, obviously, best to include language in your relevant documents forbidding the placement of your dog in an institution with cages.

Other options include pet sanctuaries. These are highly variable in quality. Some well-financed, well-established operations guarantee your dog regular attention and comfortable, non-cage quarters along with exercise and play programs and proper attention to diet. Shamefully, there are others that do not provide for the all-around well-being of the dogs they accept. So, before deciding on a sanctuary, investigate it thoroughly, and by all means, visit it. Ask yourself "If my dog died before me, would I want him sending me to this place?"

It is of the essence that your attorney be genuinely sympathetic to your desire to provide for your dog, should you be incapacitated or die. Your veterinarian could perhaps recommend a qualified, dog-friendly legal professional. A search of the worldwide web for "Animal Attorneys" can also be productive.

Be aware, too, that wills often are not probated and legally recognized for some period of days if not weeks after the death of the people who left them. You should, therefore, draw up additional documents relating to the care of your dog in the immediate aftermath of your death. Just because a bichon frise can not pick up the telephone to call and search for his missing human companion is no reason for him to be utterly lost in the shuffle.

Now, on to the nitty-gritty of wills and trusts for your dog(s). Remember that legalese is like going to the dentist; not the most pleasant of phenomena, but occasionally necessary.

If you wish to provide for your dog in your will, yet not set up a trust for him, keep in mind that the amount left for the care of your dog should be what in a judge’s eyes would seem a reasonable percentage of your estate. Even though a human being can work for a wage while a pampered puppy can not, there are, perhaps even among the human beneficiaries of your estate, some lazy and selfish people who would contest a will leaving funds for the care of a dog. Were the dog left 98% and the person 2%, a judge might side with the person.

If you wish to establish a trust for your dog, you should educate yourself about the enforceability of pet trusts in your state or province, as each zone has its own statutes. Generally, though, setting up a pet trust provides a system of checks-and-balances facilitating the carrying-out of your expressed wishes for the continuing care of your pooch.

Furthermore, do be aware of the difference between an inter vivos trust (also called a living trust) and a testamentary trust. Inter vivos trusts take effect the moment you become disabled or pass away. When you leave an inter vivos trust, no delay may legally pass before your dog receives the property being made available for his maintenance.

Inter vivos trusts, however, bring with them greater expenses due to extra administration billings. You must also make funds available at the time you establish it. The trustee of the trust therefore has responsibilities related to those funds though he is not yet specifically doing anything for your dog.

In establishing a pet trust, you identify at a minimum one trustee, responsible for distributing funds, and at a minimum one beneficiary who shall provide care to your pup. The trustee is legally bound to provide the funds. At the same time, should the caregiver either be incapacitated or negligent, the trustee could step in, stop payments, and find a suitable home for your dog. Talk with your attorney about who would be the most appropriate trustee, as a trustee may be either an individual or some organization, even a bank.

A pet trust should include highly-detailed stipulations for the pampering of your puppy. The more specific you are about every element of your dog’s care, be it diet, exercise, grooming, furnishings, accessories, or regularity of visits to the vet, the more likely your dog will be cared for comme il faut.

You must conscientiously calculate the quantity of do-re-mi to be put in trust for your dog’s care. His life expectancy, food, vet, grooming and all other expenses must be taken into consideration. Additional amounts to cover health emergencies should be included, as well as an honorarium for the godparent(s). Do be sure to leave in trust for your dog an amount your human heirs aren’t likely to contest and which a judge would deem reasonable if they did.

Why is it important to fully and completely identify your dog(s) in your trust documents? Some human beneficiaries, having inherited a papillon, upon its death acquire another, similarly-colored papillon in order to continue collecting funds from the trust. Tattooing your dog is counter-indicated, particularly if he or she is a breeding dog, because unscrupulous monsters could cut off the body part with the tattoo. Implanted microchips aren’t unheard of, though perhaps they should be. DNA information is state-of-the-art and infallible as an identifier.

While a complete consideration of how to provide for your dog in the event you become disabled or pass away is by no means overwhelming, it is beyond the scope of this article. Many wonderful resources exist. David Congalton and Charlotte Alexander’s book "When Your Pet Outlives You" comes highly recommended; information may be found at www.congaltonalexander.com. Estate planning lawyer Peggy Hoyt has written another, very useful guide titled "All My Children Wear Fur Coats." www.legacyforyourpet.com is the site of record for that book. www.2ndchance4pets.org is excellent, and happens to contain information regarding Pampered Pooches’ Day, May 13, 2006. At http://www.professorbeyer.com/Articles/Animals.pdf, Gerry W. Beyer offers quite thorough legal considerations related to providing for your pampered puppy.

We know and love many outstanding human beings, yet the prejudice against providing for dogs in trusts and wills seems massively improper. After all, we’ve all heard about greedy, impatient relatives scheming the demise of their ailing kin when an inheritance was at stake, but when have we ever heard of a pug, a Great Dane, or a long-haired dachshund behaving in so barbaric a fashion?