How to make provisions in my will for care of my cats?

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MaryL - 27 Dec 2003 19:51 GMT

I plan to update my will sometime within the next few weeks, and I would
like to provide protection for my cats. A friend has agreed to care for my
cats if anything were to happen to me - in fact, she asked to be named as
their guardian. That is a great comfort to me because she is wonderful with
cats and has a great deal of experience. She is also adamantly opposed to
declawing, and that is very important to me. My concern is: I want to
provide a "backup" in case this plan could not be fulfilled (just as one
does with children). I am in good health and hope this won't be needed for
many years, so I am trying to plan ahead for various possibilities. I
originally planned to name my sister as guardian to my pets (and could still
name her as secondary to my friend), but I now realize that is not a good
idea because my sister has had all of her cats declawed. After several years
of talking to her about it, it is obvious to me that she still thinks that
is the "normal" way to live with indoor cats, so I want to come up with some
plan whereby my cats would be protected against any possibility of
declawing. One of her declawed cats now sprays regularly all around the
house, so the whole atmosphere would not be what I want for my cats.

Here is one of my questions to go along with all of this: I am going to
provide a fairly substantial amount of money from my retirement plan to
provide for the care of my furbabies. If I live a normal life span, that
means that the cats involved would not be the ones I have now; so I know
that my will should provide for *any* pets under my care at the time of my
death. However, is there any reasonable way to attach conditions (such as
*no declaw*) to the money I will provide, to create some assurance that the
cats would never be declawed? As I said, I'm not concerned about the person
who will be named in my will as "first" guardian, but I do have major
concerns about what to do after that. I will obviously have a lengthy
discussion with my attorney, but I hope some of you may have some ideas for
me to take with me when I carry through with this plan. It will probably be
several weeks (or even a few months) before I do this, so I have time to do
some research if anyone wants to suggest some specific sites.

Thanks for your help! Incidentally, I live in Texas, and the will would be
drawn under Texas law.

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MaryL
(take out the litter to reply)

Photos of Holly and Duffy:
http://tinyurl.com/8y54 (introducing Duffy to Holly)
http://tinyurl.com/8y56 (Duffy and Holly "settle in")

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PawsForThought - 27 Dec 2003 20:28 GMT

>From: "MaryL" carstan101@yahoo.comTAKE-OUT-THE-LITTER

>Thanks for your help! Incidentally, I live in Texas, and the will would be
>drawn under Texas law.

I'm not familiar with Texas probate law, but would imagine it would be similar
state to state. You could have your attorney insert a pet codicil and put in
the condition regarding declawing, as a general condition, and also specific to
your sister, should she become guardian should your friend not be able to act.
However, as to the no-declaw being enforced, I would imagine that even if your
sister does declaw the cat, since cats are considered property, not much can be
done once she declaws the cat. If it were my cats, I would be looking for a
different secondary guardian.

I believe I have an example pet codicil at work and could check it for you, but
I won't be back to work till Jan. 5th.

Lauren
________
See my cats: http://community.webshots.com/album/56955940rWhxAe
Raw Diet Info: http://www.holisticat.com/drjletter.html
http://www.geocities.com/rawfeeders/ForCatsOnly.html
Declawing Info: http://www.wholecat.com/articles/claws.htm

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MaryL - 27 Dec 2003 20:48 GMT

> >From: "MaryL" carstan101@yahoo.comTAKE-OUT-THE-LITTER
>
[quoted text clipped - 15 lines]
> Lauren
> ________

Thanks, Lauren. I would appreciate any information about the pet codicil
that you can locate. I'm not in a hurry, but I do want to do this *right.*

MaryL

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Luvskats00 - 27 Dec 2003 20:33 GMT

Ask a lawyer!

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MaryL - 27 Dec 2003 20:50 GMT

> Ask a lawyer!

I certainly will do that. I already have a will and will use the same
attorney to draft a new will (or add a codicil to it). At this point, I'm
just looking for suggestions of what questions I should ask because I think
this issue may be one that many attorneys do not emphasize.

MaryL

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Luvskats00 - 28 Dec 2003 00:38 GMT

i know that The Associated Humane Societies of New Jersey (and others, I'm
sure) has materials for those who want to do what you're doing.

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Luvskats00 - 28 Dec 2003 14:18 GMT

Keep in mind that laws vary from state to state..so, what might be sound advice
might not work for you.

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Sara - 29 Dec 2003 00:46 GMT

>i know that The Associated Humane Societies of New Jersey (and others, I'm
>sure) has materials for those who want to do what you're doing.

I have been going through the same thing and checked out the
Associated Humane program. The cats are placed in "Kitty City" at
Associated Humane's Popcorn Park facility in Forked River, NJ. I took
a ride there one day to see it (unannounced) and was very impressed
with how well the cats are being cared for. That's where my babies
will be going, if I can every get off my you-know-what and get around
to actually making out a will.

Wherever you decide to send your kitties, be sure to visit first. I
think it's best to just walk in, so you see what the facility is like
on a typical day.

Sara

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MaryL - 29 Dec 2003 01:57 GMT

> >i know that The Associated Humane Societies of New Jersey (and others, I'm
> >sure) has materials for those who want to do what you're doing.
[quoted text clipped - 12 lines]
>
> Sara

I think that's an excellent idea if a home can't be found, and I like the
idea of having that as a sort of "desperation" alternative -- meaning, if I
can't find a private home for them. However, I do think that cats that have
been in a loving home would be much better off if a similar environment can
be provided.

MaryL

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BarB - 27 Dec 2003 21:39 GMT

>I plan to update my will sometime within the next few weeks, and I would
>like to provide protection for my cats.

Here is a link to one pet codicil. Perhaps you could adapt language to
fit your conditions.
http://www.whippetview.com/codicil.html

There are a number of books on the topic. This one looks interesting,
but I haven't read it.
http://www.perpetualcarebook.com/products/pcbook.htm

BarB

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Mary - 28 Dec 2003 02:13 GMT

>Here is one of my questions to go along with all of this: I am going to
>provide a fairly substantial amount of money from my retirement plan to
>provide for the care of my furbabies.

I would, number one, leave your sister $1 in the will. If she is mentioned, she
can never contest it. Two, name Best Friends Animal Sanctuary as your back up
choice in case your friend is dead or unable to take your cats. They do a lot
of wills for people with animals. I bet they have these documents available to
people considering this option. They take care of their animals for the rest of
the animals lives. People generally leave them some money to do this. I think
it's a great idea because volunteers come and love the cats to death. They are
well cared for. They even take FIV and FLV cats.

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MaryL - 28 Dec 2003 21:35 GMT

> >Here is one of my questions to go along with all of this: I am going to
> >provide a fairly substantial amount of money from my retirement plan to
[quoted text clipped - 8 lines]
> it's a great idea because volunteers come and love the cats to death. They are
> well cared for. They even take FIV and FLV cats.

Thanks very much for the reference to Best Friends Animal Sanctuary. I
looked up the site, and that looks promising! I'm not worried about my
sister contesting the will. We are very close, and she will receive my
house and will split the rest of my estate (actually, *estate* is rather
pretentious -- it is really my house and retirement fund) with my brother if
I die them (except for charitable bequests and the bequests for my cats). I
don't have any fear that she would object to money being set aside for their
care -- my fear is that she would feel that she should "care" for them, but
she would not see anything wrong with declawing them to protect her
furniture (just as she does with her own). That is the one thing where we
are worlds apart in our viewpoints. I mentioned the bequest for the cats
because I was trying to decide if accepting that money could somehow be tied
to an absolute guarantee not to declaw.

Thanks for the help!

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-L. - 28 Dec 2003 09:21 GMT

> I plan to update my will sometime within the next few weeks, and I would
> like to provide protection for my cats. A friend has agreed to care for my
[quoted text clipped - 22 lines]
> *no declaw*) to the money I will provide, to create some assurance that the
> cats would never be declawed?

The only way to do this is to name as their guardian someone whom you
KNOW will not declaw them.

>As I said, I'm not concerned about the person
> who will be named in my will as "first" guardian, but I do have major
[quoted text clipped - 6 lines]
> Thanks for your help! Incidentally, I live in Texas, and the will would be
> drawn under Texas law.

You might want to talk to a shelter or rehabber in your area. They
might be willing to be named as your back-up in case the first
guardian falls through.

Good luck,

-L.

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Barb - 28 Dec 2003 20:43 GMT

New York State just recently allowed pets to be provided for under the terms
of a will. You can't leave them money but you can leave them in someone's
care. I mention this because I believe it is a state to state consideration
and therefore you need to talk to an attorney in Texas.

At one time I spoke to my vet about leaving him $10,000 per cat to care for
them if I died. (I had cancer and figured I was on the way out but
fortunately I recovered and am fine, now!) He thought it over for a few
days and then said he wouldn't take the money but would take the (3) cats
and find a home for each or keep them. He says he is very good at finding
cats homes.

While I hate the idea of declawing cats I guess if I had to go it would be
better than their being homeless. One was already declawed, anyway, when I
found her in the street.

--
Barb
I can only please one person a day.
Today is not your day.
Tomorrow doesn't look good either.

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