Backyard Chickens and Your Estate Plan: Not Just Pets, but Not a White Elephant, Either

The stereotypical hobbies of retirees tend to involve more attention to the natural world than most working people can afford. When you have a 9-to-5 job, there simply are not enough hours in the day to devote to gardening or birdwatching, unless you decide to forgo sleep and pursue the nocturnal versions of these senior hobbies. If you do that, you will be digging up earthworms in your garden, and the only birds you can watch are owls. If you have a big enough yard, then keeping a flock of chickens can give you just enough excitement for retirement, plus a supply of eggs that cost a lot less than you would pay at the supermarket. Perhaps you bought two hens and a rooster at the beginning of the pandemic; leave the pandemic puppies to the city dwellers. Working remotely eventually turned into retirement, and now your flock is thriving. It has become a permanent part of life, which means that you must now account for it in your estate plan. For help making room for your backyard chickens and other unappreciated assets in your estate plan, contact a Bronx estate planning lawyer.

The Legal Status of Animals in a Deceased Person’s Estate

Unless the estate plan says otherwise, any animals that belong to you when you die become part of your estate, where they count as personal property, as if they were furniture or old newspapers. Your heirs will inherit them without any instructions about what to do with them. In the worst-case scenario, the personal representative of your estate might even have to sell them to satisfy creditor claims against your estate.

Therefore, you should be as specific as possible in your estate plan about who you want to take care of your backyard chickens, or any other animals in your possession, after you die. You can bequeath them to one of the beneficiaries of your will, or you can set up a trust to provide for their care.

A Verbal Promise From a Friend Is Not Enough to Ensure the Wellbeing of Your Flock

With common pets like dogs or cats, you probably have a family member who can simply care for your pet in the family member’s own home, making the pet a new member of the household. A provision of your will that says, “My cat Mittens shall become the property of my daughter Bronwyn” is sufficient. Setting up a trust for a pet seems excessive; Leona Helmsley only established a trust for her dog Trouble so that Trouble could continue living in her house after Helmsley died, and the trust provided for utilities in the house and a caretaker’s salary. A trust makes perfect sense for a flock of chickens, though. They will need a place to live, and their coop will need upkeep. Someone will have to feed them and keep the foxes away. A trust can provide the funds and instructions for their care.

Schedule a Confidential Consultation With a Bronx Estate Planning Attorney

An estate planning lawyer can help you plan for the long-term future of your flock of chickens.  Contact Cavallo & Cavallo in the Bronx, New York to set up a consultation.

Source:

businessinsider.com/trouble-leona-helmsley-dog-died-2011-6