Thinking about your death is hard. Thinking about who will take care of your pets after you are gone can be even harder. Fortunately, pet owners have many options to provide for their furry family members.
But if you're like most pet owners, you won't want to follow Alain Delon’s wishes. The famed French actor, who starred in “The Leopard” and “Our Story”, died in August of 2024. His dying wish was to have his beloved Belgian Shepherd dog, Loubo, euthanized and buried with him. In France, as in the U.S., this wouldn't be illegal (pets are property under the law). Thankfully, however, Delon’s family members did not follow his instructions and will care for his dog at Delon’s home.
There are many alternatives to Delon’s plan, including rehoming your beloved pet, naming a caregiver in your will, or setting up a pet trust.
Rehoming
If you can no longer care for your pet due to illness or incapacity, you should find a new home for it. It could be with a family member, friend, or other loved one. Just make sure to ask the caregiver if they are willing to accept the responsibility. Planning ahead ensures that your pet winds up in a loving home and not in an animal shelter.
If you cannot find a good home for your pet, contact your local humane society or nonprofit pet sanctuary to see if they can take your type of pet.
Naming a Designated Caregiver in Your Will
A last will and testament is an important document to have when you die. In your will, you name someone to handle your estate. This person is called an executor or personal representative. You also name beneficiaries of your property. Additionally, you can name guardians for your minor children and caregivers for your pets.
Pets are considered property in the eyes of the law, so you can include a provision in your will to leave your pet to someone as a bequest. You can also leave money to that caregiver so they can afford to care for your pet. Consider including the caregiver’s contact information so the personal representative or probate court can find them.
Create a Pet Trust
A pet trust is simply a revocable or living trust. It sounds fancy, but a pet trust is an estate planning tool that provides care for your pet. In this trust, you specify who you want to serve as your trustee. This person will manage a certain amount of money for your pet’s daily and end-of-life care. The trustee can also be the named caregiver, or you can name someone else.
When you entrust your best friend’s well-being to a caregiver, make sure to include a list of instructions about your own pet’s medical issues, likes, and dislikes.
You Could Still Have Your Pet Buried With You
Alain Delon’s family members might still be able to honor his wishes in some way. When Loubo passes, they can bury the pet remains with Delon.
In the U.S., there are a handful of state laws allowing pet remains to be buried with their owners or pet cemeteries that allow owners to be buried there. New York passed a law in 2016 allowing pet cremains to be buried with their owners if the cemeteries permitted it. Similar regulations exist in New Jersey, Pennsylvania, Virginia, and Florida, but check with each specific cemetery about their rules.
Making plans now for your pets gives you peace of mind, knowing that they will be cared for when you are no longer able to do so.
Related Resources
- Can You Include Pets in Your Will? (Law and Daily Life)
- Do It Yourself Estate Planning Forms (Online Estate Planning Solutions)
- Find an Estate Planning Attorney Near Me Now (FindLaw Lawyer Directory)
