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April 2008 Newsletter

Estate Planning for your Pets

Should anything happen to you, who should get custody of your pets? Everyone who has pets should have a plan for their pet, or whatÕs known in California as a Statutory Pet Trust. In the alternative, you can always incorporate provisions to care for your pets within your Family Trust.

Pets are legally considered personal property, just as a diamond ring or a shiny new convertible. Without creating a Will or a Trust that specifies what will happen to your pet, your pet passes on to your heirs. If you die intestate, the state determines who gets your estate, which includes, who gets your pets. While you may not think twice about leaving dishes to an estranged relative, the prized china may be another story. Just as you would not leave a child stranded, you should not leave your pets stranded either.

You never know if your pets will outlive you. Parrots can live to be 80 years old. If your pets have special needs, you should make sure they are provided for financially and will be taken care of by someone who has experience with caring for pets with special needs. For Example, a diabetic cat may need a daily injection. An asthmatic dog may need an inhaler. Some pets just require more attention than others. These needs can, and should, be explained in detail in a Pet Trust, or within a section of your Family Trust.

The best reason for Estate Planning for you pets is to ensure your own peace of mind. Pets have become true members of our families and therefore should be provided for in case of our deaths. If you have questions about Pet Plans, or if you would like additional information about incorporating a Pet Plan into your Family Estate Plans, you can reach me directly at (619) 238-2238. My name is Sommer C. Horton. I am an associate at the Law firm of Neil, Dymott, Frank, McFall & Trexler, APLC.