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Posted by jo on November 7, 2007, 3:45 pm
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>>> These a codicals, not protocols.
>> Not according to my lawyer. I don't know the precise
>> definition of a codicil and haven't talked to him about it,
>> but I know he definitely is against codicils and used the
>> term "protocols" for anything I wanted to write about the
>> specifc asset disposition approach that I wanted followed,
>> and pets were included under that category.
> I suspect your lawyer isn't being honest with you. My guess
> is that your lawyer thinks what you propose would not be
> legally enforceable, so wants you to do something that will
> satisfy you, but won't have people laughing at him for doing
> something he might consider silly.
>
> Some states allow leaving property for pets, others don't.
I had to laugh at this one. I'm not planning to leave any
property to the kittens! I just outlined what I thought
would be a practical approach to dealing with their
immediate care and then what do do with them long term. I
feel that the more guidelines you can give the people who
have to "clean up" after your demise, the better for all. It
takes some decison making pressure off them, and in the case
of animals, something really does have to happen just about
immediately, and if your "cleaners" are not animal nuts, or
familiar with the contacts you have in that area, they may
be frustrated and at a loss as to what to do, and may make a
bad choice. All I put in these "guidelines" was on the
order of (for immediate care, for example), that my executor
should immediately provide for care using my vet of record's
boarding facility, unless she desired to take the animals
into her personal residence. As an alternative temporary
measure, I suggested hiring a locally known animal sitter
(with suggestions on who to call to find one) to visit my
house daily for animal care. All expenses should be born by
my estate. The provisions for permanent care were in a
similar vein, with various options that would be acceptable
to me. I think/hope that this would ensure continuity of
care at a time when my executor is likely to have many other
things to deal with. One would like to think that my
executor would think of these things naturally, but I think
the first reaction would be "Oh dear, what do we do about
the cats?". Doesn't sound like its a question of legality,
does it? It is rather loose (vague?) in its wording,and I
might want to make alterations if I come up with a better,
more concise plan, and I wouldn't want to have to rewrite a
will just for this. So what do you think?
jo
Moderator:
Only someone who has an animal can appreciate the
compassion of your concerns. I refer to our cat as my
daughter.
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