Estate law helps clients distribute assets both during their lifetime and after their passing. It involves drafting wills, setting up trusts, and purchasing life insurance, and it can also include litigation. It is a broad subject, and many people have questions about it, especially when it comes to caring for their pets. Below are some of the most common.

Frequently Asked Questions About Estate Law & Pet Ownership

Can you leave a bequest to your pet?

You cannot legally bequeath money or property to your pet. If you try to do so, the court will rule the bequest invalid and add the property to your residual estate. This property, as well as the pet, will then pass to whoever receives any otherwise unspecified assets.

Can I have someone else provide for my pet?

If you wish to leave money or property to a pet, you can direct it to a friend or relative, along with the responsibility of caring for your pet. However, the recipient will be under no obligation to spend the money on the animal. They also have the legal right to assign care of the pet to another person, a local shelter, or to the Humane Society. To ensure that does not happen, you'll need to arrange a pet trust.

What is a pet trust?

A pet trust is a legal arrangement that provides for the care and support of a companion animal. You must name a trustee who will administer the trust and use the property or cash for the benefit of your pet. Ohio law outlines that you can set up such a trust for animals alive during your lifetime, and that it will last until the death of the last surviving pet. You can choose to have the trust commence while you are alive, after your death, or in the event you should become disabled.

Are there risks to creating a pet trust?

Note that in some cases, the decision to leave assets to your pet may be greatly scrutinized. This is especially true if you have a living human heir, or if you have excluded relatives from inheriting your estate. You should have all documents regarding pet trust formation witnessed and notarized for additional security. If you set up a trust, make sure to specify the standard of care your pet should receive, and direct your trustee to make regular inspections. You should also name a backup trustee to ensure proper protection, and a secondary recipient in case there are still existing trust funds upon the death of the pet.

For help dispersing of your assets in a way that supports your pets, contact the estate law team at Schaller Campbell & Untied Attorneys in Newark, OH. They have served clients in the Greater Columbus region for over 100 years. In addition to estate law, they handle in divorce law, child custody, child and pet guardianship, and contract law. Visit their website to learn more about their estate services, or call (740) 349-8505 to arrange a consultation.