This last weekend, I went out to Morro Bay on the California Central Coast. It was a wonderful trip and late Sunday night, after my body adjusted to the shock of a 50-degree temperature change, I walked into the door of my Colorado home. There to greet me were “the boys,” Toby and Randy. There is nothing as heartening as knowing you were missed when an Australian Shepherd and a big yellow mutt lovingly maul you as you walk in the door.As I tried to keep upright, I recalled a news story I read this last week. An elderly man had been hospitalized for several days and passed away. No one had thought to care for his faithful and trusted animal companions. And now, the dogs were homeless and without their favorite human. Who would care for the animals? What would be their fate? Was a lifetime of faithfulness to be rewarded by homelessness or worse? For those of us with pets, we are normally comfortable in the knowledge that we will outlive our animal companions. The truth is that we often times do not.The number of pets in this country is truly staggering. According to a recent survey, dogs, cats, and fish remain the most popular pets followed by birds, reptiles and other small pets. The pet population breaks down as follows: cats, 78 million; dogs, 65 million; birds, 17 million; reptiles, 9 million; hamsters, gerbils, other small animals, 17 million; and, fish, 192 million. Nearly 40 percent of households, or 34 million, own a dog and a slightly less number of homes, 28 million, own at least one cat. Depending on the survey, about 25 percent of pet owners claim to have included their pets in their estate planning.Historically, the law did not favor trusts or other formal arrangements for the care of companion animals after their owner’s death. However, that changed under the Uniform Probate Code and the Uniform Trust Code.The Uniform Probate Code, which has been adopted in Colorado, specifically allows for your last will to provide for the future care and needs of your companion animals. Under that provision, you can establish a trust for the care of your furred, feathered or finned friend and any of its offspring that have been conceived, but not yet born, at the time of your death. This special trust provision allows you to provide for your companion animals until their death. Then, any remaining funds will be dispersed as directed in your will.In Wyoming, and recently in Nebraska, you can also provide for your companion animals. By establishing a trust under their versions of the Uniform Trust Code, you can provide for your pets after your death. This approach has a limitation though. Under these laws, you can only provide for animals that are alive during your lifetime. The litter of kittens or puppies that are born after your death are on their own.These trusts, whether a provision in a will or a separate trust document, can be funded in a variety of ways. Such a trust can be resourced from the general assets of your estate, or you can fund the trust with a small, term life insurance policy. One drawback of providing for your animals in your will is that there may be a gap between when you are no longer able to care for your animals and when your will is located and the provisions are made known.One way to ensure that your animals are cared for during this gap is to carry a card in your wallet that outlines your concerns. The card may contain information about the pet, such as its name, type of animal, location where housed, and special care instructions along with the information necessary to contact someone who can care for the pet. If you are ill, injured or killed, emergency personnel will recognize that an animal is relying on your return for care. They will notify the named person and generally take steps to locate and provide for the animal. The animal card will help assure that the animal survives to the time when your plans for the pet’s long-term care take effect. Also, most folks should take a lesson from horse owners. Within every stall, in every boarding barn, you will find a card with emergency care information provided by the owner. You can post the same type of information somewhere convenient in your home for your dogs and cats. Of course, you should also let your neighbors and family know about your animal care plans.By making some simple provisions for your pets today, you can receive the peace of mind that comes with knowing those companions, who give you their unconditional love, are provided for tomorrow. Your family lawyer can help you include your pets in your estate plan.The information provided in this column is based upon general principles of law and should not be relied upon in any manner. It is not the intent of this column, its author or publisher to provide legal advice to any person. You should address specific legal questions to your family lawyer. In Colorado, call the Metropolitan Lawyer Referral Service at (303) 831-8000.John Scorsine is an attorney and businessman who lives in Peyton.
