Planning for Pets

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Roz and Duncan

For many pet owners, one of the big questions to tackle in their estate plan is “What happens to my pets when I die?” We understand that pets are important family members. So, it’s important that pet owners have a plan in place for their furry friends. This helps to ensure that they don’t end up on the streets or in a shelter, or in the hands of someone who is unable or unwilling to take care of them.

This is an issue that hits close to home for many Fleming & Curti staff as well. If you didn’t already know, Fleming & Curti is a dog friendly office. We have three office dogs: Duncan (the goldendoodle, not pictured although you can spot him all over our website), Dr. Rosalind Franklin (the Corgi, depicted on the left) and Lady Bug (the dachshund mix, depicted on the right) who come to work most days.

And, even though they don’t come to the office, several staff members have pets of their own, including dogs, cats, tortoises, snakes, fish and even shrimp! All of them are loved dearly and you can spot pictures of our animals throughout this newsletter.

Pet planning can become even more important when you have an uncommon pet with specific housing needs (say, a horse or mini pig, or peacock), or a pet that will live a long time (like a tortoise or parrot). Below are some options for rehoming your furry friend when you die.

Family or Friend

Perhaps the most obvious and straightforward option for rehoming your pets on your death, is to ask family and friends if they are willing to adopt your animals on your death. Family and friends, especially ones that are fellow animal lovers, may be willing to take on that responsibility.

If you find a friend or family member who is willing to take on this responsibility, check back in with them every once in a while to make sure that they are still up for it. This is especially important when either of you have a major life change. Maybe your son was willing to take care of your cat on your death, but then married someone who is allergic. Maybe your friend was willing to adopt your elderly chihuahua, but not your new, golden retriever puppy. It may benefit you to have a back up in case, when the time comes, your first choice is unable to adopt your pet.

If you have a family member or friend who is willing to take your animal, this can be included in your estate plan. Including provisions about who will adopt your animal can also avoid in-fighting if more than one person want to adopt your furry friend.

You may also consider leaving a sum of money to that friend or family member to help cover expenses like vet bills, food and other expenses associated with having a pet. If you are selecting a person who is out of town, you may also consider the cost of transporting your pet to its new owner. Is your pet small enough to fly? Will the new owner have to come pick it up? Will your personal representative or trustee be able to drop it off? Should the estate pay to transport your pet some other way?

Organization or pet guardianship program

If you don’t have a family member or friend willing to adopt your pet, there are other options. There may be organizations or rescues that are willing to take your pet and rehome them.

Breeders and rescues often have clauses in their contract that asks that a dog be returned to them in the event you can’t take care of it anymore. There may also be local breed or animal specific rescues that will take pets after an owner has passed away.

If none of those options are available to you, there may be a “pet guardianship” program that you can sign up for. These programs agree to take your pet on your death for a fee. Some programs plan to take care of the pet for the remainder of their lifetimes, but most programs seek to rehome the pets if possible while still providing care until that point.

Interested in a program like that? Check out the ones below:

Many of these programs require planning during your lifetime. Make sure if you have a pet you need to provide for, you get all of the pieces in place.

Leave it up to the Trustee or Personal Representative

Not sure what to do? You could always leave it up to the Trustee or Personal Representative to sort it out.

You can give the person administering your estate the discretion to select a new home for your pet. This may be a good choice if you have multiple people willing to care for your animal, but aren’t sure which will have the resources to do so. This may also be a good option if you don’t have the time or funds to enroll in a pet guardianship program now.

If you are going to go this route, it often makes sense to leave some money along with the pet, so that if they do need to utilize a program like a pet guardianship program, they have the flexibility to use estate funds to pay the fees.

Pet trusts

You can’t leave funds directly to a pet. A pet trust allows you to set aside funds for the care of your animals. The trust names a trustee to manage the funds for your pets. It also sets some parameters for how the assets should be used. Some pet trusts are very specific as to the type of care a pet should receive. Others are looser with their guidelines.

How much money should you leave in a pet trust? There is no lower limit, but remember that this trust is paying for the care of your pet. You want to include enough so that it lasts a lifetime of housing, caretaking, food, vet bills and toys for the animal. The upper limit? A judge can to decide that you’ve been too generous with your pet trust. Famously, a New York judge reduced Leona Helmsley’s $12 million pet trust for her beloved Maltese to $2 million.

There are some downsides to pet trusts. The cost of administration can be high. And, it doesn’t completely avoid the human component. Pet trusts still require a trusted individual or organization to manage the assets and care of your pet. For most people, the cost and human component make pet trusts impractical. Pet trusts aren’t very common and most people come up with some other mechanism for taking care of their pets.

Want to see more pictures of our staff’s pets? You can find some here.

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Robert B. Fleming

After more than 50 years of practice, Robert Fleming will retire on January 1, 2027. Our hearts are full of appreciation for Robert. A founding member of Fleming & Curti, PLC, he leaves behind a legacy built on mentorship, advocacy and education. A champion of autonomy and self-reliance, Robert advocated for thousands of vulnerable children and adults throughout his career. A visionary in the Special Needs Planning and Elder Law communities, his innovative ideas created new opportunities for individuals with special needs. The Fleming & Curti team look forward to celebrating Robert and promoting the legacy he leaves behind in the decades ahead.

If you would like to meet with Robert or learn more about Fleming & Curti, PLC, please contact us at 520-622-0400 or by email: FlemingAndCurti@gmail.com.

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

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Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

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Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

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Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.

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