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Home » Estate Planning » Check Out the Los Angeles Department of Animal Services for a New Pet

Check Out the Los Angeles Department of Animal Services for a New Pet

April 1, 2017Estate Planning, Pet Planning

pet estate planIf you are not familiar with the Los Angeles Department of Animal Services, its mission is to “Promote and Protect the Health, Safety and Welfare of Animals and People in the City of Los Angeles.” The department offers a wide range of services related to adopting pets, finding lost pets, licensing animals as required, animal vaccinations. The Department of Animal Services can also provide spaying and neutering, and microchipping.

Looking for a new pet or to rescue a needy animal?

The Los Angeles Department of Animal Services has a wonderful selection of pets of all sizes, ages, and breeds waiting for a new home. The maximum fee for a Los Angeles City resident to adopt a dog is $122, and for a cat is $76. For rabbits, the maximum cost is $71. Adoption fees include vaccinations, spaying/neutering and microchipping for dogs, cats, and rabbits.  It also includes the first year license fee for dogs, as required by the city of Los Angeles. The South Los Angeles location is at the Chesterfield Square Shelter.  For West Los Angeles residents, the shelter is located on West Pico Boulevard.

Consequences of not having a pet plan

Pet owners know the important role their beloved pets play in their lives and the lives of their families. When a pet has been a part of your family for many years, it is important to consider the future of your pet, should you become incapacitated or pass away, and your pet survives you.  In order to understand the importance of prior planning, you must understand the consequences of not having a pet plan in place, upon your death.

Where do pets go after the owner dies?

If you do not have a pet plan in place, what happens to your pets depends, in part, on whether or not you have a will. The reality is, a pet is considered by the law to simply be property.  That makes your pet a part of your estate, along with your other assets.  If you have a will, your pet will be given to whoever is named as the “residuary beneficiary.”  That is the person who inherits whatever remains of your estate after all specific bequests have been made, pursuant to your will.  If you do not have a will, your pet will simply be included with your other personal property and will be distributed according to the laws of intestate succession in your state.

What if no one wants to take care of your pet?

Many pet owners simply assume that their relatives will gladly take on the responsibility for their pets after they pass away.  However, your relatives may have busy lives or personal restrictions, such as allergies, which may prevent them from being able to take on the role as caregiver.  The only option may be surrendering your pet to a shelter.  The risk of your pet being euthanized at a shelter is too great, to leave your pet’s future to chance.  You must plan ahead.

Can I include provisions for my pet in my will?

Since pets are considered by the law to be property themselves, they cannot own property. This means that you cannot leave money to them in your will.  You can, however, include provisions in your will that give your pet to someone you choose to take them in, along with a sum of money to provide the financial support for your pet’s care.  The only drawback to this method of pet planning is, the person you choose as a caregiver is not legally bound to actually care for your pet or to use the funds for your pet’s benefit.  If you choose this way, it if crucial that you select someone you trust and discuss your wishes for your pet’s care, ahead of time.

Creating a legally binding arrangement for your pet

There are two common ways to create a pet plan that can be legally enforced. The more formal, and more costly, method is to create a pet trust.  This allows you to leave your pet and sufficient funds to your chosen caregiver while creating a trust agreement that sets out your instructions for your pet’s care.  The other option is a pet care agreement, which is less formal than a pet trust, but still legally binding.  If the terms of either the trust or the care agreement are violated by the caregiver, legal action can be taken against them for those violations.

Download a FREE estate planning worksheet today! If you have questions regarding a pet estate plan, or any other estate planning needs, please contact the Schomer Law Group for a consultation, either online or by calling us at (310) 337-7696.

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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