Pet Protection Agreement vs a Will - Page 1

Blitzen brought up making plans for your animals on a rescue thread where the owner died, a very good idea. But thought it might be better for this to have it's own thread:

Another option for folks to look at:

http://www.pettrustlawyer.com/plan.php

"Why You Don't Want to Put Your Pet in a Will

First, because the will isn't read immediately and pets can not wait to be cared for. Second, because the court is not required to follow instructions in a will. The court must only pass property to the designated person or organization, IF they think that is fitting. Third, because pets are property in the eyes of the law and treated as such. They are not treated as loved ones.

Check out this example: In her will, Jane left $10,000 to her sister, Nancy, for the care of her dog, Max. Nancy cried at her sister Jane's funeral than took Max to the pound and used the $10,000 for a shopping spree in Paris. No one, including the court, could do anything about it.

Because pets are considered property, they cannot legally inherit. Jane is not permitted to leave money directly in her will to her pet. The provision asking Nancy to care for the pet with the monies left is a request and the court has no power to enforce the pet owner's wishes."

I've been told that it's a nightmare for co-owned dogs when one co-owner dies and the other/s need to hire a lawyer for the extensive paper (notarized proof of death and ownership) and transfer work with AKC. Then, the animals could end up caught in a legal battle too.

I don't know how it works now.

That is a good point about AKC.  What paperwork needs to be in place to avoid that?

Cheryl

So, does this mean a monetary value can be assigned to the dog, as well?  Meaning the dog has a monetary value like a car or other property?  For example, say an airline accidentally kills a dog that is named in a trust with $10,000 set aside for its care and also carries an "animal mortality" insurance policy, valuing the dog at $10,000, does that in turn, make a strong case for lawsuit against the airline loses or kills the dog through neglegence?  Here is an instance where the airline offered a $200 credit for a lost dog, albeit one without an established "value". 

http://consumerist.com/2010/05/07/delta-loses-entire-dog/

So what happens when the dog the airline lost has an "established" value, via trust and animal mortality insurance policy?  Is that a slam dunk lawsuit?