When to say goodbye to pets

A sizable portion (surprising to some) of my law practice is pet estate planning.  Whether it’s preparing a will and designating someone in it to care for your pet if you die, or creating a pet trust for your pet (recommended), or adding provisions to an existing will or trust, people see pets as family and plan for them as they do their children or other beneficiaries.  People engage in pet estate planning for everything from one dog, to a stable of horses, to parrots who often live to age 60 or 70.  (Blatant plug–I was one of the first Ohio attorneys to publish an article on pet estate planning after the change in Ohio law that permitted it.  I wish everyone planned for their pets in this way, and I’m happy to help with documents and, or, letters of intent regarding their care.)

As difficult as it is to plan for a day when we might not be able to care for our pets, it is incredibly difficult to know when it is time to humanely let our pets die.  How do you know when it’s time to let them go?  That decision is fairly easy when there’s visible suffering, but the signs aren’t always so clear.

Veterinarian Alice Villalobos, DVM created a scale that can help guide pet owners in deciding whether euthanasia is appropriate.  If you score higher than 35 on the scale, then perhaps supportive care is appropriate instead of euthanasia.  Whatever your score is on this scale, my suggestion is to discuss everything with your veterinarian.

If I can help you plan for your pet should something happen to you, please email me at julie@juliemillslaw, or visit http://www.juliemillslaw.com for additional information.

Three Ways Couples Hold Property in Ohio

There are three ways in Ohio that couples can hold property.  Why does it matter?

The form in which you hold property affects how you can transfer the property, what happens to it at your death, what happens if one of two property-holders dies or wants to sell his or her portion.  You should know how you hold property so you can change the type of deed you have for your specific reasons.  Do you want the other owner to get your share if you die, or do you want your kids to get it?  Do you want to transfer your share to the other owner outside of probate?  Do you want to transfer your share of the property to your spouse at your death only?

Get out your deed, or get onto your county recorder’s website and find your deed online.  Does it state:

1.  “George Burns and Gracie Allen, Husband and Wife”?  If no manner of title is stated, in Ohio the form of ownership will be presumed to be tenancy in common.  Each person owns an undivided fractional interest in the property.  They can own equal or unequal shares.  When an owner dies, that person’s share must go through probate, and is then transferred according to his or her will.

2.  “George Burns and Gracie Allen, joint tenants with rights of survivorship…”  The magic word is survivorship.  If the deed is a survivorship deed, then on the death of one owner, that owner’s share passes outside of probate to the other owner.  For a couple whose largest asset is their house, and few other assets that would need probated, having a survivorship deed could result in avoiding probate.

3.  What if George owned property and wanted to have the property pass to Gracie at his death, but for any number of reasons didn’t want her to have a present interest in the property?  George could have a transfer on death affidavit prepared (and recorded).  He would name Gracie in the affidavit to receive the property at his death.

If you want to avoid probate, be sure your deed has survivorship language or you record a transfer on death affidavit.  Why make your heirs go through the probate process if they can avoid it?

To change the form of ownership you have with your property, contact me to decide the best form of ownership for your situation, and to prepare and file a deed if necessary.  I can be reached at julie@juliemillslaw.com.