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Lombard estate planning attorneyAn estate plan generally involves human heirs, such as children and grandchildren, but this is not always the case. Some individuals have non-human dependents to consider. Does that mean everyone should include their pet in an estate plan? Not necessarily, yet it might be worth considering if there is even the slightest possibility that your companion may outlive you. It is important to realize that this provision might be important, and how you can take the first step toward implementing it in your estate plan.

Why Plan for Your Pets?

When the owner of an animal dies or becomes incapacitated, the animal may end up at a shelters, especially if there are no family members who are willing to take on the responsibilities of surrogate pet ownership. It happens so frequently, in fact, that estimates suggest some 100,000 to 500,000 pets are admitted to a shelter after their owner’s death or incapacitation. How do these once companions end up in shelters?

Often, it is the friends, family, or children of the deceased that surrender them. Perhaps they do not have the room income to care for the animal, or have tried to care for it but do not know how to do so appropriately. Still others might have allergies, small children, or other extenuating circumstances that make caring for an animal difficult or nearly impossible.

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Posted on in Division of Property

DuPage County divorce lawyersMaybe he is your best hunting companion, spending countless hours together in the woods or tracking game. Maybe she likes to curl up on your lap while you watch television or against your body while you sleep. Companion animals like dogs and cats play such a significant role in the everyday lives of millions of people. You would never consider taking your leafblower hunting nor would you want to cuddle up with a set of silverware and cup of hot cocoa. However, if you are going through a divorce, most states recognize companion animals simply as property, no different than the household items in these impractical examples.

Working Together

Communication and compromise are important tools for any divorcing couple when making arrangements for parental responsibilities and the division of property. Placing a dispute in the hands of the court to decide can lead to contentious hearings and an outcome that leaves one or both partners unhappy. When custody of pets is at issue, however, compromise is even more imperative. While there are some small signs of change around the country, most courts are not nearly as concerned with a pet’s best interest as they are with that of a child.

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