Heaven goes by favor. If it went by merit you would stay out and your dog would go in. (Mark Twain).

As you recall in my last article regarding divorce and pets, pets are considered property; therefore, in your will you cannot bequeath for example: "To my beloved dog, Rex, I leave my 1000 shares of Microsoft stock", because property cannot own property.

An attempt to devise or bequeath property to your pet is unenforceable and will result in your pet being part of the residuary property and your pet could end up going to someone who is not suitable.

A Trust may appear to be the best way to provide for a pet, since the property that the pet will receive will be managed by a trustee. However there is a problem; since the dog cannot go to court and sue the trustee for a breach of fiduciary duty, a Trust is not the proper vehicle to provide for your pet.

The best way to insure that your pet will be taken care of after you die is to choose a new owner in your will or in your revocable living trust.

It is important to discuss this property transfer of the pet with its possible new owner to insure that the new owner is the right person to provide the love, care and attention for your pet.

If you fail to give your pet a new owner in your will or revocable trust the pet will go to the residuary beneficiary (the beneficiary who inherits everything else that's not described in the will). If you don't have a will, your pet will transfer by intestate to someone the court considers your next of kin.

Therefore if you don't make binding legal provisions in advance should you predecrease your pet, then your pet could very well end up with someone who's not suitable - or worse yet, the dog pound.

I have seen several dogs and cats at Broward Animal Care that are there because the deceased failed to provide a new owner for them and all too often those animals will lose there appetites and become sick because of this traumatic experience and end up being euthanized. It is very simple to avoid such tragic ending by including in your will a new owner for your pet who can best take care of him or her.

If you can't find the right owner for your pet, start contacting Animal Rescue Leagues and similar organizations. They will assist you and care for your pet until a suitable new owner is found.

You should leave money to the new pet owner named in your will that will go towards the costs associated with the animal's care, for example; "If my cat Toots survives my death I leave her and $3,000 to be used for her care to Madame X." Of course Madame X could just use the money for herself and it would be tough to enforce your wishes. This is why it is important to choose someone you trust!

Another possibility, to assist the new owner, since the biggest expense for your pet is likely to be veterinary care, is to provide money to your vet in your will. You should of course have a written agreement/contract prearranged with your vet.

Again, the key to your pet's well-being, should you predecease the animal, is to plan ahead so that your wishes will be carried out.

Bibliography: Randolph, Mary. Dog Law. Berkeley, CA: Nolo Press, 1995.

Steven Mark Logan, born in Rochester, New York 1957. - BS New Hampshire College 1979. - J.D. California Western School of Law 1983. - Former Prosecutor in Broward County, Florida. - private practice emphasizing in criminal defense, civil practice and Animal Rights. He can be reached at (954) 522-3902