Providing for Your Pets in Your Will

During a session last month, one of my clients mentioned to me that she had included her pets in her will. Many of us with pets consider them to be our family members, our four-legged children, but how many of us have thought about what might happen if we die before they do? Do you know who would care for them and if that person would have the financial resources to do it? I’d never thought about it—it’s a scary and sad thought, but a situation I’d like to plan for.

I spoke with Jennifer Guida, Esq., with Westlake Legal Group, to ask her how to handle this, and this is what she recommended.

Under Virginia law, pets are not children but are deemed to be property. (Obviously the State of Virginia hasn’t talked to most pet owners I know, but I understand, this is the law.) In your will, you designate who will receive your property. The best way to handle this is to identify each pet by name and then name who you’d like to receive each one, called a specific bequest. These individuals are considered beneficiaries under the will but just for that specific property. You then can leave a specific amount of money to those people for the care of your pets.

Because pets are considered property under Virginia law, you cannot leave money directly to them. This money comes off the top, meaning it gets distributed before the remainder of your estate gets divided up, but after your debts and funeral expenses. The beneficiaries of the remainder of your estate will not be successful in challenging the specific bequest as long as the will is constructed and executed in compliance with Virginia law. (They still can challenge whatever they want to challenge, but whether or not they will be successful rests on the grounds they allege (e.g., fraud, duress, does not comply with the law). Just remember that if you don’t decide to whom your pet will go, your beneficiaries get to choose.

There are several other pet-related issues that can be addressed in your will, including what happens if your pet passes away before you do and how to handle things if you’re married. To learn more, you can reach Jennifer at 703-406-7616. I know it’s a sad thing to consider, but wouldn’t you rather be prepared?

Ellen Zangla Photography—Specializing in pets and the people who love them.

Professional Photographers of America—2015 Silver Medal Photographer of the Year