When hotelier Leona Helmsley left her dog Trouble $12 million, in 2007 – while leaving two of her grandchildren with nothing – the newly wealthy Maltese terrier became the subject of international headlines as well as some anger.
Trouble received an estimated 30 death and kidnapping threats, while a judge eventually reduced the dog’s inheritance down to $2 million. Nearly two decades later, however, it appears that Helmsley may have been ahead of the curve when it comes to pet inheritances.
“The legal system is only recently catching up to the fact that animals have legal interests,” Christopher Berry, managing attorney for the Animal Legal Defense Fund, told the Washington Post. “But to take advantage of this development, people should engage in some planning to provide care for their companion animals.”
While animals cannot legally inherit money, it is becoming increasingly common for individuals to carve out provisions in their wills for their furry (or feathery or scaly) family members. Some people, like Helmsley, choose to leave money in pet trusts that provide for the animal’s care after their owners’ deaths. The idea may seem eccentric on its face, but some experts emphasize that it’s really no different than any other kind of money left in a trust.
“All 50 states recognize some form of a pet trust, thanks, in part, to the Uniform Trust Code, which has a provision recognizing and enforcing pet trusts,” Berry told the Washington Post.
Like with human cases, when a (furry) beneficiary of a trust dies, it’s up to the trustee to follow the next steps – whether that’s dissolving the trust or following instructions on where to distribute the funds.
It is also becoming increasingly common for people to explicitly state where they want their pets to live – in an effort to avoid family disputes and ensure animals don’t end up in shelters.
Experts recommend creating explicit provisions about wills during estate planning to ensure the animal doesn’t languish for months or even years, while humans work out their ownership disputes.
“Most people think that their family members will do the right thing and care for these animals, but our experience shows it’s just not true,” Eldad Hagar, co-founder of the Los Angeles pet rescue charity Hope for Paws, told the Wall Street Journal. “So many times they end up at the shelter to be euthanized.”
Continue reading to learn more about animals who received inheritances from their owners.
