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



See the excellent article, "Leaving a legacy to your pet " in the June, 2007 issue of Consumer Reports: Money Advisor

 



 
Information Provided by:
The Association of the Bar of the City of New York,
Committee on Legal Issues Pertaining to Animals

Introduction

For many people, particularly the elderly, a pet is an important and comforting part of life, and the care and well-being of the pet is a primary concern.

 



On the death of the pet owner, provisions are necessary in the pet owner's Will, to provide effectively for comfort and care for the pet.

On the death of the pet owner, advance arrangements should be made to protect the pet, during the period between the owner's death and the admission of the Will to probate.
* Too often this period is not considered. Although a Will can make provisions for the care of the pet, no action can be taken by the Executor to carry out these provisions until the Will has been administered to probate and the Executor has received the authority to proceed by the issuance of letters testamentary. The time between death and the authority of the Executor to act can vary between several weeks and several months. Plans must be made to ensure for the pet during this interim period.

Upon the incapacity or hospitalization of the pet owner, advance arrangements should be made to ensure care of the pet while the pet owner is hospitalized or incapacitated.

The purpose of this page is to suggest various programs a pet owner can consider in order to provide for the comfort and care of his/her pet under any of these circumstances. In addition, this site includes information and sample Will provisions which may be useful to attorneys who prepare Will for clients with pets*.