When an individual passes away, their estate plan typically outlines the distribution of financial assets, real estate, and personal effects. But what becomes of their companion animals? In Maryland, pets are legally classified as property, yet they warrant far more consideration than inanimate belongings. You can take proactive steps to ensure their well-being.
Pets as property under Maryland law
Under Maryland law, pets fall under the category of personal property. If someone dies intestate, meaning without a valid will, their pets transfer to their closest surviving relatives, along with other personal possessions. If a valid will exists, it may designate a specific beneficiary to assume responsibility for the pet. In the absence of such instructions, a probate court may assign custody based on the circumstances.
Including pets in your estate plan
An estate plan can name a designated caretaker for your pet and allocate funds for its continued care. Maryland permits the creation of a legally enforceable pet trust, which ensures any funds earmarked for the animal are used strictly for its benefit. This legal tool provides assurance and clarity for the designated caregiver.
Choosing the right caretaker
Select a responsible individual who genuinely enjoys and can manage the responsibilities of pet ownership. Discuss this commitment with them in advance, and consider naming an alternate caretaker as a contingency. Supplement your estate plan with a detailed care document outlining your pet’s diet, routines, medications, and preferences.
Without an estate plan addressing pet care, animals risk being placed in shelters or facing neglect. Probate proceedings can be lengthy, and family members may lack clarity about your wishes. By preparing in advance, you safeguard your pet’s future and minimize potential stress for your loved ones.