As a New York City pet owner, you’ve formed a strong bond with your animal companion. But have you considered what would happen to your pet if you weren’t around? New York State, the law views pets as personal property, making them part of your estate after you pass away. Without proper planning, your pet’s future could be uncertain during probate. Let’s explore how to safeguard your pet’s well-being even after you’re gone.
What is probate and how does it affect pets?
Probate is managing a deceased person’s estate, including distributing assets and paying debts. In New York, the Surrogate’s Court oversees this process. Probate can create risky situations for pets if you haven’t planned for their care.
During probate, pets may face:
- Temporary placement in shelters
- Transfer to unwilling family members
- Sale or euthanasia if unclaimed
To avoid these outcomes, include your pets in your estate planning.
Protecting your pet: Legal options for New Yorkers
New York law offers several ways to ensure your pet’s care after you’re gone:
- Pet trusts: Since 2010, New York has recognized pet trusts as legally binding. These trusts allow you to set aside funds and name a trustee to care for your pet.
- Will provisions: You can include instructions in your will to designate a caregiver and allocate funds for your pet’s care.
- Power of attorney: If you become unable to make decisions about your pet’s care, you can grant someone the authority to do so.
- Pet protection agreements: These legally binding documents outline your pet’s care and can take effect immediately, not just after death.
You can secure your pet’s future by using one or more of these methods. The key is to plan. Work with an estate planning attorney who knows New York’s laws and can help you create a plan that includes your pet’s care.