Estate Planning

This information is not offered as legal advice and should not be relied upon without the independent advice of a qualified attorney specializing in trust and estate matters.


Providing for Your Pets in the Event of Your Death or Hospitalization

Have you made plans for the care of your dachshund in the event of your hospitalization or death?

 So many doxies find their way to our door when their beloved Mom or Dad has passed away and no member of their family is willing to step forward to care for them.

There are many ways to make plans for your doxie that we are happy to share for your consideration

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Designating Caretakers

 

Consider designating a friend or relative willing to take your dachshund and give the dachshund a good home upon your death. The matter should be discussed in advance with the potential caretaker to make sure your dachshund will be cared for appropriately. The person who will receive your dachshund as the result of a bequest in a Will should understand that he or she becomes the dachshund's owner and, as such, has all the rights and responsibilities of ownership.

Ask a qualified attorney to draft your Will, leaving the dachshund to the caretaker you have selected.  It is a good idea to name alternate caretakers in the Will in case the first-named person is unable or unwilling to take the dachshund when the time comes. 

Sample Will Provision 

 

"I give my dachshund, and any other animals, which I may own at the time of my death, to [name], presently residing at [address], with the request that she treat them as companion animals. If she is unable or unwilling to accept my animals, I give such animals to [name], presently residing at [address] with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, my Executor shall select an appropriate person to accept the animals and treat them as companion animals, and I give my animals to such person.

I direct my Executor to give [$_] from my estate to the person who accepts my animals, and I request (but do not direct) that these funds be used for the care of my animals. "

Another alternative is to give the Executor the discretion to select from among several caretakers prearranged and named in your Will. 

My Executor shall give my dogs to one or more of the following persons who agree to care for such dogs and to treat them as companion animals: [include names and present addresses] 

My Executor shall have the discretion to select one or more of the persons named above to receive one or more of my dogs. If none of such persons are willing or able to take the dogs, my Executor shall have the discretion to give the dogs to another person or persons who agree to care for my dogs and to treat them as companion animals.

My Executor shall give [$_] to each person selected by my Executor and who accepts one or more of my dogs. 

Consider the amount you want to leave to the person designated to care for your dachshund.  Will it be sufficient to provide for the dachshund’s lifetime care?  This amount would be distributed directly to the caregiver for the benefit of the dachshund, and a fixed sum is the easiest way to leave such money. However, if the amount is too little, the dachshund will have to rely on the generosity of the caregiver to make up the difference. If there is a windfall, you need to be comfortable that the caregiver or remainder beneficiaries are deserving of the excess funds. 

Designating a Charitable Organization to Care for Pets 

If no friend or relative can be found to take the dachshund, you should arrange with DRSF or another organization to place your dachshund with a good home. 

Sample Will Provision

I give my dachshunds to the Dachshund Rescue South Florida (Tax ID No. 26-3682066), a non-profit corporation organized under the laws of the State of Florida, with a principal business address of P.O. Box, 267386, Weston, Florida, 33326, and request that DRSF take possession of and care of my dachshunds and search for good homes for them.

If DRSF is in existence at the time of my death and is able to accept my dachshund, I give [$_] to DRSF. If DRSF is unable to accept my dachshund, I give my dachshund [$_] to one or more similar charitable organizations as my Executor shall select, subject to the requests made above.