Have any of you put your animals in your will?

[7fluffyfriends]

Recently I posted a question on mini donkeys, having acquired one through the death of a wonderful lady and friend. She also had three minis which came here along with the mini donkey. It all made me think of a new question.. how do we best plan for our animals futures when we are gone?. I have spoken to my adult children and my spouse but that really doesn't seem like enough.

For example, the three minis are registered but the papers are only in Ginny's name. The mares are quite elderly (27/28) so the papers are irrelevant to me. The other is a pinto gelding in his prime and also trained to drive. The husband sent the papers along with the little guy but I cannot transfer him. AMHR was very helpful but without a death certificate plus an official letter or other court document validating the husband's right to ownership, the papers are in limbo. Plus the husband must, of course, be a member in order to transfer the gelding. I am willing to pay for the membership but am not willing to ask him at this time for all of the legal papers necessary and may never be able to ask.

i will keep the papers safe and in the meantime we will enjoy the new addition.

So, any words of wisdom from those of you that are thinking ahead? I know that I will be adding another name to those registration papers - either husband or daughter - to help with transferring ownership

Thank you!

 

[AngC]

No words of wisdom here. Although, I've thought of this very same thing. I'm no spring chicken, two of our three have the potential to outlive me. I never thought about something in a will, though. I was thinking more along the lines of where to place the bullet or a lethal injection, or...? If it becomes necessary, due to me being infirm, then I'm going to have to find the balls to do it, somehow.

Our three aren't registered. And apparently, in the horse world, that makes them the scum of the earth. Plus, my taste runs to ponies that look like nice stocky ponies. No one would want them, I don't guess. What a depressing topic.

 

I remember reading something like this quite a while ago, and so discussed it with my children who have no interest in the horses. To protect the registration papers, I have a signed transfer in every horse's file for each registry, so if / when something happens to me, they can go with papers.

 

[Al B]

Its called a pet trust.

 

[7fluffyfriends]

Thank you Castle Rock, that sounds like a nice practical idea.

Al B... I have never heard of a pet trust - will do some searching - thanks!

Sorry, AngC! Did not mean for this to be a depressing topic - just thinking practicalities. And your ponies sound special - I also like the stocky pony type and ....I bet you a dollar for a doughnut that most people on this forum have at least one unregistered animal munching away in their barn quite happily!

Like you I am not a spring chicken - maybe more the comfortable Robin type!

 

[Al B]

I am NOT a lawyer or anything with a bunch of letters after my name that would make my information official. But a pet trust in your will gives directions for your pets care after you are gone. There are several implications however, the receiver must be willing to receive and your estate should have provisions for their care. We have one in our wills. Find you a good lawyer that specializes in wills, probates and such and get their assistance. They are getting more common.

 

[7fluffyfriends]

Thank you, Al B, good advice and helpful info! Will be updating our will soon now and will definitely ask about the best way to help make things smooth for animals as well as people.

 

[susanne]

Pet trust and animal law are areas that are growing rapidly in the realm of law studies. Here is a starting point for learning more:
http://www.aspca.org/pet-care/planning-for-your-pets-future/pet-trust-primer
and a list of states with pet trust statutes:
http://www.aspca.org/pet-care/planning-for-your-pets-future/pet-trust-laws

HOWEVER:

Even if you have your wishes established in a legally binding trust, you still need someone you trust to see to your animals immediately following your death. It can take time for others to sort out your affairs, so you need someone who will come in and care for your pets and livestock and watch over them until the trust comes into play. Family might be good for this, but they may be overwhelmed by your passing or may not be as knowledgeable or committed to your animals' welfare. Be certain the person you choose understands feed requirements, schedules, medicine , any potential dangers (colic, etc.) and so forth. It is also wise to set aside a sum of money that this person can access so that they are not paying out of pocket. If you do not own your place, be sure that rent is covered for at least one extra month.

 

[Kim P]

Angc, my son told me ours have papers but I don't know what kind as I have never seen them. Probably just sell papers and we took these two old ponies and one young one and just love them as much as if they were expensive rare breeds. I am sure that there would be someone to step in and love them like you do. Keep your head up and be positive. Life is good!

 

[FurstPlaceMiniatures]

I'm young, so I'm not too too worried about outliving my boys. However, one of my guys has a 'first right to refusal' contract because his former owners that couldn't keep his feet remotely close to trimmed and had him so obese he couldn't trot for 10 feet 'loved him so much.'

I have a feeling if I ever got into such a bind I couldn't keep my 'heart horse,' (very very very unlikely) I have a feeling he would 'randomly die of colic' before he went back to them. And he would be fine with that decision I would think too. He is very much a one person horse that KNOWS how's good he has it and seems very very thankful.

My other horse I don't worry so much about. While he's unregistered he's also pretty much the best kids pony ever and his training, good mind, and nice confo is his 'insurance.' Any hunter barn would be all over him in a minute. Cute little dapple grey pony that can pack a kid around a course? Always in demand.

 

[AngC]

Angc, my son told me ours have papers but I don't know what kind as I have never seen them. Probably just sell papers and we took these two old ponies and one young one and just love them as much as if they were expensive rare breeds. I am sure that there would be someone to step in and love them like you do. Keep your head up and be positive. Life is good!

I love our little goobers to pieces. The best part is that my husband (who used to be afraid of horses) loves them even more. We have more fun watching them and seeing what kind of silly stuff they'll do next. I think NIcky actually came out of some decent bloodlines that are no longer popular. And I think Coco was neglected because they bred her dam to a full leopard appaloosa; when Coco came out with no spots, I really think they did absolutely nothing with her. We are doing better and better with her. (Funny thing, now that she's getting older she's getting more appaloosa spots; plus she made a nice spotty Baby; they should have stuck with her.) I was raised around horses, but that was years ago, and at the time horses were selected on their potential for job performance. I was really 'unaware of/surprised at' the amount of prejudice against grade animals.

 

[Kim P]

AngC my husband has always liked animals but he also has fell in love with these lil rascals. He loves our oldest tiny one the best I believe. He only has one eye but he is such a hoot! They are the funniest thing to watch. I actually threw a fit when my son went to get A pony but I fell in love the moment they brought all 3 here! Go figure! I am glad your ponies found you. We are going to get to experience a baby also. Not planned. It will be the only one though. I am getting the guys fixed very soon.

 

[Leeana]

I don't have a will - but I do have a private (and current) list of all the ponies and their reg name/barn name and reg numbers as well as each ponies est. value and a list of people for who to contact IF something ever happened to me and dad had to disperse the ponies. Only 2-3 people know where the list is and in the case of my death (you never know...) they can make sure it is taken care of. Gives some piece of mind.....

 

[Al B]

Again, not a lawyer so this is just FWIW.

If you died today your horses would immediatly be frozen into your estate. Since you don't have a will, your state may provide one for you (that you probably wouldn't like) and appoint an executor or administrator. If you have any debts, your estate will be liquidated (sold) to cover those debts. Then the executor according to your states laws will distribute the remainder of your estate however they wish. Also during this time they would need to be cared for by someone out of their own pocket if the executor or administrator, when finally appointed, allowed it. This could be months. Also if your dad is not on the registration papers as an "or" the registrar may not recognize him.

If you are 21 or 91 find a competent attorney that specializes in this area (google NAELA) in your state and get your documents in order.

 

[Riverrose28]

Al B are you referring to a single person, as well as a married one? I would think that the living spouse would take control of the horses in the event of death as well as the debt.

 

[Al B]

Probably but not necessarily. Without a will it all depends on that state's probate laws. Every state has their own laws. That is something you would stipulate in your will. Also for married folks if the registration papers say AND rather than OR you may have a problem.

Thats all stuff that an attorney in your state would have to tell you. Not having a will and the ancillary documents can cause a lot of problems.

 

[jeanniecogan]

my horses are going with me. no ifs, ands, or buts about it. i dont trust anyone but my husband to care for them or my dogs

 

[wingnut]

It is something I have thought about. And I need to talk with my family about it. I really have been thinking about whether I'll ever buy another young horse (let alone any more) because I realize that I'm risking that horse living longer than me. I know some may think that's silly to think about for someone only now about to turn 48 but if I'm lucky my horses will live into their twenties putting me in my 70's. I'll be even luckier if I can take any sort of care of them on my own at that point.

ETA: I too have given thought to the idea that they my have to "go with me" to put it gently. My kids have no interest. If I don't out live my husband, there's a good chance he would keep them around simply because they were my life's passion but he may get to where he can physically manage them. He's two years older than I am.

 

[Rocklone Miniature Horses]

Nope. I'm 27 and assume i will live forever. One of my minis is a loan so he would go home. Dad would probably keep my own mini and my dog. My fish would starve to death tho..

 

[sfmini]

Read the obits, you can die at any moment at any age and Al B is giving very wise advice. I leave all my animals to my friend and fellow farm owner to keep or disperse as needed as well as all horse related equipment including the truck and trailer. I have also told her she is free to pass my birds on to a parrot rescue group since she isn't a fan of them and I wouldn't want to burden her (or them) with their care.