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Providing for your horses in your will

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  • #1

    Providing for your horses in your will

    My husband and I are getting ready to get our wills made up. We've made the most important decision of who to take care of our child, but for me my horses are also a priority. I know this topic has been discussed before, but I had no luck when I tried to search for it.

    I know nothing about wills- we haven't met with the lawyer yet. I just wanted to get ideas of potential situations and how to handle them.

    I know that sometimes it can take a while for estates to be completely settled... would the horses get tied up in that mess or would they be able to be re-homed right away? Are they considered a "pet" or are they considered as assets?

    I do know that I would like for them to either be given to appropriate homes or sold to appropriate homes privately. I most certainly would not want them to be auctioned off.

    What arrangements do people make to take care of their horses? I have several horses and don't think it would be appropriate to mention by name which horse would go to which person because that could certainly change over the years.

    My good horsefriends that I trust to make decisions for my horses also have their own horses and they might be interested in one or two, I don't think I would have any of them interested in the whole group. I'm sure that they would try to do a good job placing the others, but how do I know for sure that would happen? And of course there is the possibility that they could initially go to an appropriate home and then from there end up in a less than favorable situation- is there anything that can be done to combat that? I would hate to think that one of my well loved horses could end up in a horrible place like New Holland, but at the same time, I'm not so worried about that where I would want for them to be euthanized upon my passing.

    Also, is it better to pick a single person to place the horses, or rank several people and rank their order or several people as a group to place them? I've considered perhaps an equine rescue, but my good horsefriends know my animals best and I think would better place appropriately.

    I also recognize that it is quite costly to keep horses if they need to be boarded, has anybody made financial arrangements to provide for their horses care?

    Is there anything else that I should think about?

    Thanks
    http://www.leakycreek.com/
    http://leakycreek.wordpress.com/ Rainbows & Mourning Doves Blog
    John P. Smith II 1973-2009 Love Always
    Father, Husband, Friend, Firefighter- Cancer Sucks- Cure Melanoma
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  • #2
    My best horse is 18 this year. If I die tomorrow or 2 years from now he will still be euthanized. I have several good friends that would take him, but what if something happens in their life and he is sold or given away? I can't take that chance. My sister knows to call the vet the minute she knows I'm toast. Besides, I told her I need him to get over the rainbow bridge.

    The other 2 horses would be rehomed and I just have to hope they will enjoy a happy life.

    If I were you I would designate just one person to see to your "wishes" for your horses' placements.
    Last edited by Gestalt; Apr. 6, 2009, 10:19 PM. Reason: spelling

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    • #3
      I would talk to a lawyer in your state and learn all you can about Probate court in your county. My Father died in January of this year and I've learned more than I wanted to about a specific Probate Judge and court in coastal GA. I am slackjawed by the information the estate attorney is telling us about how much power the Probate Judge has to interpret/distribute and over ride my Fathers will.

      Thank the dear heavens there is only one cat in his estate and the cat isn't even identified in the Will, we never thought the kitty (now 16, deaf and nearly blind) would outlive my Father.

      I think you'll find some sort of trust for your horses care might be the ticket.

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      • #4
        An honorary trust for animals is the best way to make sure your wishes are carried out.

        It was the first subject I blogged on back in the fall of 08. Take a look there as I covered much more then I ever could in a COTH post.

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        • #5
          It's really best to talk to someone in your state. In most places, a judge will not allow a healthy animal to be euthanized because a will says so (if the will is challenged). There are safer alternatives like leaving the animal to someone who will carry out your wishes, whatever they may be, or setting up a trust to care for the animal. Find someone in your state who knows the law.

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          • #6
            As the adminstrator of my darling fiancee's estate, I've gotten to learn more about probate than I ever wanted to know.

            My advice is to set up a living trust (for everything - no will). Check your state laws, but it *should* avoid probate (and the associated costs) altogether. It also transfers ownership immediately and without hassle and any funds that are set aside are easily extracted for the purposes of taking care of the animals.

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            • #7
              I started a thread on this same question last month, and there were tons of good answers and links. Maybe in search you can find it?

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              • #8
                Since horses will need to be taken care of fairly quickly, I recommend a revocable living trust. Not many attorneys will recommend them, and I suspect that is because there would be no probate fees at the end

                A RLT is very easy to set up and maintain. Ask your attorney about it.

                With a RLT, there is no probate and nothing goes through the court. It's pretty efficient.

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                • #9
                  Something to consider to protect your horses is a back up of a good rescue one that definitely does not send to slaughter like Angel Acres Horse Haven in Glenville, PA. You want to make sure you have a back up plan if your friend is not in a position to rehome your horses if needed. Remember that your will should not say if anything happens to me everything goes to the spouse. This happened to a couple who both died in the same accident. The wife had a wonderful family who helped them buy their property and is a real animal lover while the husband's family was greedy and took and never gave. It turned out that the wife died minutes before the husband so he briefly inherited everything so all they had went to his family. This really happened to a couple near me, the farm and horses were sold and no one cared where the horses went.

                  Make sure that your will is clear that the horses will have a back up beyond the immediate person you choose and that they will not fall into the wrong hands. There are many horse rescues that will take a horse to auction or sell to a dealer. You can email me for more information. Also make sure whoever places your horses gets a well written contract to return the horse and that they can not be rehomed or resold.

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                  • #10
                    There is a lawyer who attends the MD Horse Expo each year who deals with this type of thing. There are no "pet trusts" in MD but you can set up a trust that is similar. If you want her info (my friend has used her for her barn/farm), PM me and I can provide it to you. I think her name is Masterson or something like that.
                    Appy Trails,
                    Kathy, Cadet & CCS Silinde
                    member VADANoVA www.vadanova.org

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                    • #11
                      Originally posted by baylady7 View Post
                      There is a lawyer who attends the MD Horse Expo each year who deals with this type of thing. There are no "pet trusts" in MD but you can set up a trust that is similar. If you want her info (my friend has used her for her barn/farm), PM me and I can provide it to you. I think her name is Masterson or something like that.
                      Trusts do not have to be written and administered in the state where you live or die in every case. Your trust can be under the laws of another state as long as one trustee is a resident and it is administered in that state. The honorary trusts for animals are enforceable by a court and that's what makes then so good. If a particular state has not adopted honorary trusts specifically for animals, that might mean they do not recognize them. They have had 4 years to add them and if they didn't they may have a reason. If they wont use their courts to enforce them, then you do not get what you planned.

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                      • #12
                        I am in the wills of a couple of people to care for their horses should they die before me. They have set up a trust to make sure there is $$$ to care for them as well. (sure hope they don't decie to die at once or I am going to have a lot of horses to care for!)

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