Legal Issues Affecting Your Pets in the State of Connecticut

What happens when….
We become incapacitated and can’t care for ourselves let alone our dogs;
Without plans, your affairs are in flux;
Decisions are left to others

What happens when
We die without a will
The laws of intestacy control
May not be what you want
Costs wont be as manageable
Dogs will not be considered differently from the kitchen table
“A dog, for all of its admirable and unique qualities is not a human being and is not treated in the law as such”Texas Court of Civil Appeals
A dog cant own property
A dog cant be a beneficiary in a will
A dog is considered as personal property and gets distributed under the terms of your will or the laws of intestacy
Poor roxy the dog
Thelma left “everything I own to my friend Chester and Roxy my dog.”
Thelma’s niece contested the will and won even though she left a note urging Chester not to let her niece get her hands on her property no matter what it took to stop them.

Court can’t enforce a provision contrary to law
What others have done…
USA Today reports that 27% of Americans have made provisions for their dogs
British singer Dusty Springfield’s will made strict provisions for her cat, Nicholas to be fed imported baby food and her songs to be played at his bedtime
What others have done…
Tobacco heiress Doris Duke left a trust in the amount of $100,000 for her dog
It is reported that Oprah Winfrey’s will mandates that her Cocker Spaniels will live out their lives in luxury.
What can you Do?
Connecticut does not yet recognize “honorary trusts” or bequests to your dog
Leave your dog to someone YOU choose in your will
Leave an amount of money to a specific individual with a specific amount of money for the care of your dog
The Bad news is…
Even though your will is clear, there’s no guarantee your wishes will be carried out
Probate Court wont check to see if your gift of money is being used for the dog
Suggestions
Carry a card in your wallet stating that you have a dog that needs to be cared for
Identify the name, address and phone number of the person who has agreed to take over
Suggestions
Leave the dog and money to the new owner
“If my dog Laila,is alive at my death, I leave her and $5000 to be used for her care to Sam Spade. If Sam is unable to care for Laila, I leave her and the $5000 to Sue Jones.”

Suggestions
Leave the dog to one person, money to another
“I leave my dog Laila, if she is alive at the time of my death to Brian Smith.”
“If my dog Laila is alive at my death, I leave $5000 for her care to Karen Jones. I desire that she give Brian Smith, as long as he has custody of Laila, $100 per month for Laila’s care. I also desire that, in addition, she use the money to pay Laila’s veterinary bills or otherwise reimburse Brian for vet bills he pays”
“Many have forgottenthis truth, but you mustnot forget it.You become responsible foreverfor what you have tamed.”The Little Prince

Prepared by Michael A Fasano