Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

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Kenneth Vercammen & Associates, P.C,

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Monday, October 17, 2011

Providing for Care of Pets in Last Will and Testament

Providing for Care of Pets in Last Will and Testament

Pets in Wills

A. Preparing for the Unexpected


In the confusion that accompanies a persons unexpected illness, accident, or death, pets may be overlooked. In some cases, pets are discovered in the persons home days after the tragedy. To prevent this from happening to your pet, take these simple precautions:

* Find at least two responsible friends or relatives who agree to serve as temporary emergency caregivers in the event that something unexpected happens to you. Provide them with keys to your home; feeding and care instructions; the name of your veterinarian; and information about the permanent care provisions you have made for your pet.
* Make sure your neighbors, friends, and relatives know how many pets you have and the names and contact numbers of the individuals who have agreed to serve as emergency caregivers. Emergency caregivers should also know how to contact each other.
* Carry a wallet "alert card" that lists the names and phone numbers of your emergency pet caregivers.
* Post removable "in case of emergency" notices on your doors or windows specifying how many and what types of pets you have. These notices will alert emergency-response personnel during a fire or other home emergency. Dont use stickers; hard-to-remove stickers are often left behind by former residents, so firefighters may assume that the sticker is outdated or, worse, they may risk their lives trying to find a pet no longer in the house.
* Affix to the inside of your front and back doors a removable notice listing emergency contact names and phone numbers. Because pets need care daily and will need immediate attention should you die or become incapacitated, the importance of making these informal arrangements for temporary care giving cannot be overemphasized.


A bequest in your will or living trust is an uncomplicated way to help protect animals.

A bequest may take several forms. It can be specific sum, a percentage of your estate, or the remainder of your estate after expenses and gifts to loved ones. Bequests can include cash, securities, real estate, houses, and personal property such as valuable collections, art, or jewelry.

Living trusts are a popular choice because the terms of a living trust, unlike a will, can be put into effect immediately upon your death, bypassing probate and keeping the terms private.

Here is some sample language that you can use in your will to provide your executor with guidance in arranging for your pets care:

{Article Number} A. As a matter of high priority and importance, I direct my Personal Representative to place any and all animals I may own at the time of my death with another individual or family (that is, in a private, non institutionalized setting) where such animals will be cared for in a manner that any responsible, devoted pet owner would afford to his or her pets. Prior to initiating such efforts to place my animals, I direct my Personal Representative to consult ______________________, D.V.M. (currently at the _______________________ Hospital), or, in the event of Dr. _____________s unavailability, a veterinarian chosen by my Personal Representative, to ensure that each animal is in generally good health and is not suffering physically. In addition, I direct my Personal Representative to provide any needed, reasonable veterinary care that my animal(s) may need at that time to restore the animal(s) to generally good health and to alleviate suffering, if possible. Any animal(s) not in generally good health or who is so sufferingÑand whose care is beyond the capabilities of veterinary medicine, reasonably employed, to restore to generally good health or to alleviate sufferingÑshall be euthanized, cremated, and the ashes disposed of at the discretion of my Personal Representative. Any expenses incurred for the care (including the costs of veterinary services), placement, or transportation of my animals, or to otherwise effect the purposes of this Article ___________ up to the time of placement, shall be charged against the principal of my residuary estate. Decisions my Personal Representative makes under this Article ____________________Ñfor example, with respect to the veterinary care to be afforded to my animal(s) and the costs of such careÑshall be final. My intention is that my Personal Representative have the broadest possible discretion to carry out the purposes of this paragraph.