Penny & Belle: Protecting our Pets, Utilizing Pet Trusts

We have two dogs, Penny and Belle. Before we had those two dogs, we had two others. The first dog I owned as an adult was named Ginger. Ginger was an aptly named Corgi/Chow mix and I got her from the shelter with my first roommate out of college back in 1994. Before he went off to get his MBA from Indiana University, he made sure to emphasize that Ginger was mine once he left. I was completely okay with that, after all it was my idea to get a dog in the first place. Ginger and I moved a few times and ended up in Chicago in 1999. There, I got my second dog, a sister for Ginger — with the help of friends and neighbors, I decided on the name Maryann. Maryann was a German Shepard/Miniature Collie/Chow mix I got from the PAWS shelter. Ginger, Maryann and I had a lot of great times, and they saw a lot in my life change, I got married and then ‘pups’ began to arrive. The dogs were always very accepting of new members into the pack and life was good.

Before our third child was born, Ginger, now 15 years old, passed. That was rough. Eventually, we left the city for more bedrooms, a yard, and better schools. Not long after that move (and with a little help from the kids in convincing their mother how great it would be) along came Penny. I picked up Penny the day before Thanksgiving. I actually expected to take Penny home the day I adopted her, but the shelter would not let me take her home right away; they had to send her to the vet first, in order to have her spade.

The year we got Penny was the year we hosted two Thanksgiving meals, one for my wife’s side of the family (the day before Thanksgiving), and one for my side of the family (the day after Thanksgiving). Our first Thanksgiving of the year (for my wife’s side of the family) — and when the turkey had about an hour left in the oven — I got a call from the vet to come get Penny. I explained my situation regarding the two Thanksgivings and asked if I could pick her up on Friday morning (presuming that they would be closed on Thanksgiving). There was no room to discuss the matter, they were closing at 5:00 pm and they were not going to be keeping dogs over the Thanksgiving weekend. So out I go, dinner in the oven, to pick up a Gordon setter/Border collie mix, 20 minutes away who had just been spade.

Maryann, who was long in the tooth and getting used to being the only dog in the house, became a puppy again. Maryann and Penny were great friends, and Penny learned a lot from Maryann. Sadly, it didn’t last that long in people time, and about two years after we got Penny, Maryann, now 17 years old, passed. That was rough.

Penny loves us – we love Penny. She’s a great dog and enough dog for any family. But I like having 2 dogs, I think dogs need to have others in the family they can play with in a way we can’t play with them. Welcome Belle! (This one was a bit of a surprise to the family, no help from the kids. I mentioned it a few times in passing and heard no real objection so it was without any great fanfare or discussion that I decided we could get a second dog.) Belle is new to the family, but is right at home wrestling with Penny or playing tug using an old tug rope, or playing chase around with the kids. I’m not sure if it is because I got Belle from the same shelter as I got Penny, or if it is because Belle is also a Border collie mix, but whatever the reason, she is happy. Belle is new enough to where she is still learning the boundaries outside in the yard and the social boundaries inside the house. However, Penny and Belle are on our Christmas Card this year and they are as much of the family as Ginger and Maryann ever were.

In Illinois, pets are property, technically chattel — i.e., personal property which is moveable regardless of if it is animate or inanimate. But surely we do not think of our pets like we think of our kitchen table, nor would we rid ourselves of our pets the same way we would our kitchen table. Because the law sees pets as property, but we think of them as more like family members, how do we protect them in the unfortunate situation where we die before they do? We can’t leave them money. We can’t name them as beneficiaries in our will or trust. What do we do?

It is likely that you have heard the story of Leona Helmsley and how she left $12,000,000 to her dog. If only we had those problems… but just because most people don’t have millions to leave to their pets, doesn’t mean that pets cannot be accounted for in estate planning.

In Illinois, there is 760 ILCS 5/15.2, “Trusts for domestic or pet animals.” This allows for Illinois residents to set up trusts for the care and maintenance of their pets should they predecease them or in other ways be unable to care for them.

The trust is valid as long as any pet designated in the trust is alive.
The trustee of the trust may not use any of the principle or income in the trust for their own benefit, unless the trust allows for it.
If any money is left over after the trust ends, you can direct how it shall be distributed.

Pet trusts are rather simple and straightforward. You basically need a pet and a caretaker. You can set up the trust in you will, as an addendum to an existing will, or in your existing or new trust.

Name a person you are confident will be willing and able to care for your pet. In other words, don’t leave your cat to your friend who is allergic to cats, and don’t leave your fish to someone who travels a lot for business, and don’t leave your dog to a friend who lives in an apartment which does not allow dogs. Discuss this decision with the person before you choose them. Also, name a successor caretaker should something happen surrounding your first choice (such as they got married and their spouse came with a very aggressive animal which, while loveable as the only pet, does not do well with other pets in the house).

Leave an amount of money you believe will be proper for the care and maintenance of your pet. Direct how the money is to be spent, such as “Proper humane treatment” or “On regular care and maintenance, but not lifesaving care not involving accident. However, in the case of an accident, then it shall be used only by advice of the veterinarian where quality of life is concerned.” Also, decide what should be done with any money that is left over.

Our pets love us; we should remember to care for them, now and for as long as we can.