WSJ Your Money Briefing - Putting a Pet in Your Will Isn’t Just for the Super Wealthy
Episode Date: August 19, 2024Pets aren’t an afterthought in estate planning anymore. More pet owners are setting aside funds in their wills for their furry friends. Wall Street Journal personal finance reporter Ashlea Ebeling j...oins host Ariana Aspuru to discuss the rise of the pet directive. Sign up for the WSJ's free Markets A.M. newsletter. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Here's your money briefing for Monday, August 19th.
I'm Arianna Aspuru for The Wall Street Journal,
filling in for JR Whalen.
It's the first face you see when you get home, right when you walk through
the door. Your pet. Maybe you've got one or five and they're your best friend.
Basically part of the family, right? But like any other family member,
do your pets have a spot in your will?
It's not just for the super wealthy.
More and more people are adding pets to their estate plans.
Some people could be up to $100,000.
For some people, $1,000 per pet per year.
You have to look at the life expectancy of your pet
and how you really want
it treated. You can't leave money directly to your pet, but you can assign a caretaker
and then you would leave that person money. We'll talk to Wall Street Journal personal finance
reporter, Ashley Ebling about it after the break.
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Mosaic. Take a free test drive of OCI at oracle.com slash wall street, oracle.com slash wall street. Setting aside some money in your will for your pet is becoming more common.
So how does it work?
Wall Street Journal personal finance reporter Ashleyett Ebling joins me.
Ashleyett, I grew up having multiple pets in the home, usually a big dog, a small dog,
maybe a parrot.
But I've never considered what would happen to them when I'm no longer around,
let alone including them in my will.
Why are people doing this?
So it used to be just for the super wealthy with horses
and maybe long lived pets like parrots,
but now that pets are really a member of the family
for most families, they're making their way into wills.
It's mostly cats and dogs, just because most people have cats and dogs, but it's
really everything fish, birds, rodents, and online will estate planning service,
trust and will looked at pets their members were providing for.
And there was even a Mexican red-legged tarantula.
How are people going about this?
Can you leave money for your pets?
So that's the
technical legalese you need to know. You can't leave money directly to your pet, but you can
assign a caretaker and then you would leave that person money. And how do people gauge the amount
of money to leave for their pet? Some people could be up to a hundred thousand dollars, for some
people a thousand dollars per pet per year.
You have to look at the life expectancy of your pet
and how you really want it treated.
And then one woman I talked to, she gave extra
because she realized she didn't want it to be a burden
on the caretakers.
How much extra did she leave?
Well, she did something called a pet trust.
So not just a little extra,
she left $120,000 for her cat's care, but she had 12 cats when she created the pet trust. So not just a little extra. She left $120,000 for her cat's care. But she had 12 cats
when she created the pet trust and she now has six. And she did say that the caretakers were
coming into a little money. What happens if you don't specify who gets your pets in a will?
If you die without a will, the state law determines who inherits everything.
And then with no plan, pets can be kicked out of the house.
They could be dropped off at a kill shelter,
or they could just become one more thing,
basically, for heirs to fight over.
And even if you do assign someone to take care of your pet
after you're gone, are they legally obligated to do it?
So that's tricky too, with a pet directive in your will,
where you assign the guardian
and you possibly leave the guardian money.
There's no court oversight basically at that point.
For some people, if they wanna go to a more complicated setup,
they can set up what's called the pet trust.
In that case, you have a trustee who is overseeing the guardian
and doling out the money
and making sure 100% that it's happening.
Otherwise, you're really putting your trust
in the guardian that you picked.
Are people normally talking to their friends or family about this before they put it in
their will?
The common scenario is that you have a best friend or a relative who's going to take
care of the pet and you just want to leave them the extra money because you figure that'll
help with the pet's care and will help the friend.
State lawyers do say that a lot of them have it on their intake form now.
They'll say, do you have children?
Do you have pets?
Who do you want to leave your money to?
And then they'll explain the thing, how you leave the money to the guardian, not directly
to the pet.
But also, estate lawyers I talked to said that clients are bringing it up too.
More clients are coming to their estate lawyers and saying,
I want to make sure that my 13 year old cat
is taken care of when I'm gone.
Exactly.
And it's not just your current pets.
You can have the clause that says any pets that I
own at the time of my death.
So it's important to include the future pets.
And there are pets that can live pretty long. Parrots
and tortoises can sometimes live well into their 50s. That's a lot of money to account for.
Donkeys is another example. There's another option for some people who don't have someone
who they can pick as a guardian. There are these places called life care centers for companion
animals.
There's one in Texas that I wrote about in the story, and they have resident cats, dogs,
birds, and donkeys.
They're all cases where the owners passed away and then they left money to the care
center and the pets are there being cared for.
Someone listening might think, okay, I want to make sure my dog gets their walk-in or
I want to make sure my cat gets the right-in or I want to make sure my cat gets
the right kind of litter or the right toys once I'm no longer around. How can someone make this
adjustment in their estate plans? If you already have a will, it can be like a simple add-on. And
then if you're doing a will for the first time, it would be just a new one section out of many
sections in the will. So say you have children, you'd certainly have a section on guardians for
your children. And then another section on guardians for your children,
and then another section on guardians for your pets. And one family I talked to, they made a
point how they picked a different guardian for their children and for their pets. The guardian
for their children, they wanted to make sure she would be the sister who was a big traveler because
the children had relatives in Spain. And then the guardian for the pets was the one
who lived near a nature preserve
where they thought the dogs would be happy.
What kinds of questions should people ask
their state planner when they're trying
to get these certain stipulations
and just get this language in their will?
They could ask, how do I pick my guardian?
Or do I need a backup guardian?
That's a really important thing.
And whether they need the full blown pet trust
or if the pet provision is enough for their case.
One estate lawyer I talked to in Oregon,
she handled a case where a dog owner died without a will
and the owner's partner wanted the dogs,
but the legal heir also wanted the dog.
Luckily they eventually agreed to share the dog,
so it was a happy ending.
But that's an example where you really want the provision
in your will so there isn't conflict like that
over your pet after you pass away.
That's WSJ Reporter, Ashley Ebling.
And that's it for your money briefing.
This episode is hosted and produced by me, Ariana Aspudu.
We had additional production support from Tadeo Ruiz Sandoval.
Melanie Roy is our supervising producer. Thanks for listening.