PETS AND ESTATE PLANNING

If you have pets, there is good reason to be concerned about what happens to them after you pass away. For some of us, our pets are like family. Many times after an owner dies, the personal representative and/or heirs will surrender the pets to a local animal shelter. Sadly, many of our pets are not able to find new ‘forever’ homes.

So what can you do to ensure your pets are cared for?

Select Care Takers

Start by determining who will care for your pet if something happens to you. This could be a spouse, a child, another relative or a friend. Discuss your wishes with your chosen caretaker. Make certain they agree to assume responsibility for your pet. If no one in your life fits the bill, consider a local or national charitable or humane organization.

Determine the Yearly Cost to maintain and care for your Pet(s)

Include language in your Last Will and Testament

Again, you cannot use your will to leave money or property to your pet. If you try, that money or property will be included in your residuary estate,

In addition to providing the name and address of a trustee and successor trustee, a caregiver and successor caregiver (all of whom can be corporations and/or individuals) you will be asked to provide enough information to:

• Adequately identify your pets in order to prevent fraud, such as through photos, microchips, DNA samples, or alternatively, by describing your pet as a “class”—in other words, as “the pet(s) owned by you at the time of your illness/death;

• Describe in detail your pet’s standard of living and care;

• Require regular inspections of your pet(s) by the trustee;

• Determine the amount of funds needed to adequately cover the expenses for your pet’s care (generally, this amount cannot exceed what may reasonably be required given your pet’s standard of living) and specify how the funds should be distributed to the caregiver;

• Determine the amount of funds needed to adequately cover the expenses of administering the pet trust;

• Designate a remainder beneficiary in the event the funds in the pet trust are not exhausted;

• Provide instructions for the final disposition of your pet (for example, via burial or cremation).

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

FIVE REASONS WHY YOU SHOULD HAVE A LIVING WILL

A health care proxy and a living will are both directives used by individuals to control the medical treatment they receive in the event that they become incapable of making or communicating health care decisions in the future. Even though a Living Will is NOT legally enforceable in Massachusetts it is still a good document to have in your estate plan.

Here are five reasons why you should have a valid living will:

First Reason….

Massachusetts gives explicit recognition and protections only to health care proxies. So why should you have a Living Will in Massachusetts?  Your Health Care Agent has the ultimate authority regarding end of life care, but a living will is a good source of guidance for your family, doctors and your Health Care Agent.

 Second Reason…

A living will sets for the specific written instructions that you have regarding your treatment preferences in various hypothetical medical situations.  Living wills tend to focus on end-of-life situations and decisions about pursuing or terminating treatment, including life-sustaining measures.

Third Reason…

If a disagreement occurs among your family members while you are incapacitated over what the right medical decisions are for you, the person who has the authority to make your health care decisions can use the Living Will as evidence to support their decisions.

Fourth Reason…

The Living Will is your own expression of your attitudes and wishes about your health care that was executed while you were competent. It  is sometime called a Personal Wishes Statement.

Fifth Reason…

Even though there is no legal significance to the Living Will, most physicians will follow the directions you state in the document. This is especially true if you have taken the time to discuss your wishes and desires with your primary care physician before an emergency situation arises.

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com 

What is a Living Will and do you need one?

A health care proxy and a living will are both directives used by individuals to control the medical treatment they receive in the event that they become incapable of making or communicating health care decisions in the future.

A living will sets for the specific written instructions that you have regarding your treatment preferences in various hypothetical medical situations.  Living wills tend to focus on end-of-life situations and decisions about pursuing or terminating treatment, including life-sustaining measures.

It is NOT legally enforceable in Massachusetts.

Massachusetts gives explicit recognition and protections only to health care proxies. So why should you have a Living Will in Massachusetts?  Your Health Care Agent has the ultimate authority regarding end of life care, but a living will is a good source of guidance for your family, doctors and your Health Care Agent.

Your Living Will should be updated every 3-5 years or as soon as possible after a major life event (i.e. marriage, divorce, birth of a child, death of a family member, etc.)

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com