Birds in wills

[noodles123]

First of all, I want to clarify that I am in good health and I have no intentions of ending my own life. That having been said, I have a bird who COULD outlive me (10 y.o umbrella cockatoo) ...maybe.....(unlikely but possible) especially if I were in an accident). If I want my bird to go to a certain person (in the event of untimely death or if I go to a nursing home), what do I need to do? Do I need to pay a lawyer? Can I just write it down somewhere? I am 30, so I haven't written a will and I have no knowledge of doing so....Google is confusing, so I would prefer to ask you guys about your personal knowledge/experiences.


Thanks!

 

[SailBoat]

Great question! The reality is that regardless of whether the majority of life is unfolding just in front of you or the reality of time is not on your side. You Need A Will! Not having a Will assures that the 'State' defines what happens with your property and they are not especially good at it.

Each State is different as to how they define Pets! Each State has variation as to what and how their Laws require what 'tools /legal instruments' that need to be set in place. Over the last 20 years, major changes have come about and google is not going to know what to do specific to your State and the classification 'Pets.'

In most States, a Trust is required as part of the Will and a specific individual(s) name(s) is required. The most important part is how that money is paid-out for the care of your Pet. The more specific the requirements of care, and the size of the payment, the greater the likelihood of that /those individuals are to in fact do what you want for your Pet.

Our DYH Amazon came to us as a result of the 'Kids' (older Adults) not abiding by the Will that simply asked for one of them to care for their beloved Amazon. When Mom past, they set forward to dumping the Amazon because the Will did not provide for yearly proof of continual ownership and care (receipts of service and food, etc.)

Shop around for an Attorney that practice includes Wills and is developing Wills for the assured longterm care of the Pet.

 

[Sandy19]

Unless you have someone to trust like your children, then you would need to include your bird in your will along with everything else.

My bird is the least of my concerns right now, I know my kids would take care of her should anything happen to me. It's my assets and money that I worry about the most. Should I get on a plane tomorrow and it crashes, my kids would be screwed since I don't have a will or trust at this moment. Everything I own would have to go through the state and probate. It's an important thing that I really need to get around to doing. Unfortunately you have to make an appointment with a lawyer to do it.

 

[LeslieA]

In most states, pets are still viewed as property. Please tell me which states view it otherwise because that's where I should live. Let's just go with that. There are two ways suggested, a trust and a bank account for that purpose. Know that a bank account can be used on anything or even drained. So, your best bet is a trust.

Good luck and visit a local attorney.

 

[ChristaNL]

Yup, same here.... birds are considered property, so they like the rest automatically go to your next of kin.

Well my direct family are either incompetent, uninterested, unwilling or complete morons when it comes to the care of any animals, let alone my parrots.
My friends are not home enough to be able to provide for the parrots - but they have instructions where to bring them. (I have contacts with people on/via local forums, so the fish/frogs/spiders/etc will go to people who know and care about them.)
For the parrots is one of the more solid/dependable rehoming places -- it's not ideal but at least there will be some serious screening for their next home/flock.
My family have strict instructions to let my friends do this.

Of course non of this is really legally binding, but you can leave a type of DIY-will called "intentions" where you have your last wishes recorded without the ridiculous costs of lawyers. And if people care about you- they will respect them.


(actually I hope all my parrots will outlive me, since they are young adults and I am slightly older than the internet ;P )

 

[StephenM]

My will states that all pets living in my household at the time of my death are to be rehomed by my Executor, he holds a list of who goes where

 

[TheAlexian]

You should speak with a lawyer licensed in your jurisdiction. Many lawyers will give you a free or low-cost initial consultation during which you can learn what might be the best approach to your estate. You should know what your goals are going in. Just with respect to the bird, decide if you want to establish a pet trust (your money would pay for care for the bird) or just leave her to someone you trust to make the right call / be able to afford her. For other assets, do you want to give them to someone who isn't the statutory default? Do you want to avoid probate and inheritance taxes? Do you just want to make sure your heirs have an idea of what to do with your stuff? The consult will go much better if you know these things going in.