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Ensure Your Pet's Future with Estate Planning

2/25/2025

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Ensure Your Pet's Future with Estate Planning
When you think about estate planning, your mind may first turn to providing for family and loved ones. But have you considered what happens to your pets if something happens to you? Just like any other family member, your pets deserve care and attention after you're gone or in the event of incapacity. Estate planning for pets allows you to ensure they will continue to receive the love and care they deserve.

In California, you can create a pet trust under California Probate Code §15212. This legal arrangement lets you set aside funds for your pet's care and name a caretaker who will be responsible for their well-being. The trustee you appoint will manage the trust's assets to ensure they are used according to your wishes. This can cover everything from food and vet bills to grooming and activities that keep your pet happy and healthy.

If setting up a trust isn’t necessary for your situation, you can also include provisions for your pet in your will. By naming a responsible person to take over the care of your pet, you can have peace of mind that your beloved companion will be well cared for, even if you are no longer able to do so yourself.

Planning for your pet’s future doesn’t have to be complicated, but it does require careful thought. You’ll need to choose a caretaker and trustee who are up to the task, and be sure to fund the trust with enough assets to cover your pet’s needs. Whether your pet is furry, feathery, or scaly, estate planning is a thoughtful way to ensure their continued care and well-being.

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How to Secure a Future for Your Pet Through Estate Planning

11/12/2024

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Our pets offer us unconditional love and companionship, and for many of us, they are more than just animals—they are family. However, many pet owners overlook what will happen to their pets in the event of their incapacity or death. Including your pet in your estate plan ensures that their care will continue seamlessly if you are no longer able to provide it.

One of the most effective ways to ensure your pet’s well-being is through a pet trust. This trust allows you to designate both a caretaker and a trustee. The caretaker will handle the day-to-day needs of your pet, while the trustee manages the finances, ensuring that the caretaker has the necessary funds to provide proper care. You can outline specific instructions, such as dietary needs, medical care, and even preferred activities, ensuring that your pet’s routine and happiness are maintained.

I​f a trust isn’t the best option for your circumstances, you can also create provisions in your will. A will allows you to name a guardian for your pet and specify how they should be cared for. However, keep in mind that a will may not be as flexible as a trust, especially if you want ongoing oversight of your pet’s care.
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By planning ahead, you are giving your pet the gift of continued love and care. Consulting with an estate planning attorney who understands your passion for animals will help you craft a plan that meets your pet’s needs and secures their future happiness.
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Coping with the loss of your pet

5/16/2018

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I know firsthand about the loss of a beloved pet. We know are pets will not live forever but when that time comes it can be devastating. Tears still come to my eyes years later when I remember my past pets and how much joy they brought to my life. I wish there was helpful  information available as I moved through the grief. 

Good news  – there is help right here in Sacramento

The information below if offered from Treasured Pets located in Sacramento California.  You can learn more on the website www.treasuredpets.net

Grieving the Loss of a Pet Whether your pet recently passed from your life, or your loss happened months (or even years) ago; the weight of the grief you carry can often feel very heavy. In the early days after the loss, you can be overwhelmed by pet loss grief. Not only is your heart broken, but your day-to-day routine is disrupted; leaving you feeling adrift in your own life.  

“Pets devour the loneliness. They give us purpose, responsibility, a reason for getting up in the morning, and a reason to look to the future. They ground us, help us escape the grief, make us laugh, and take full advantage of our weakness by exploiting our furniture, our beds, and our refrigerator. We wouldn't have it any other way. Pets are our seat belts on the emotional roller coaster of life--they can be trusted, they keep us safe, and they sure do smooth out the ride.” ~Nick Trout, Tell Me Where It Hurts: A Day of Humor, Healing and Hope in My Life as an Animal Surgeon
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We know how much it can hurt to lose a loving companion; a gentle being that joyfully enriched our lives is gone. After all, many hours are spent in the company of our own family pets and we have lost many of those we came to love so dearly. Also, our professional lives provide us with many opportunities to witness the hardships of pet loss firsthand. Without doubt, we are very privileged to walk alongside grieving pet owners; they are always sure to remind us about the value of both love and loss.

Pet Loss Grief is Inevitable"Sadly," begins the Pet Loss resources page of the ASPCA website, "everyone who cares for a pet will one day face the illness, old age or passing of their beloved animal friend." Somehow, as our hearts open to a new pet, we easily choose to forget that fact, don't we? You could say it's a trick of the heart; a willful amnesia of sorts. Yet, when they pass from our life, we remember the essential truth: this loss was inevitable. And the grief we feel can be surprisingly intense, as well as long-lasting.

The Intensity in Grieving the Loss of a PetIn the 2012 Washington Post Health & Science article, "The Death of a Pet Can Hurt as Much as the Loss of a Relative" (see Online Sources for the complete citation), author Joe Yonan candidly wrote of the intensity of the grief he experienced upon the passing of two canine companions. He notes that although the anguish of his grief over the deaths of his father and sister was intense; when his beloved canine friend Red passed away..."somehow, and much to my distress, the death of my dog seems even harder. I haven’t felt grief quite like this since, well, the death of my previous dog five years ago."

Linda Lipshutz, a psychotherapist with degrees from Cornell and Columbia is also very much aware of the intensity of pet loss grief. She's the author of the Huffington Post blog post "Losing a Pet May Cause Inconsolable Grief", and writes, "When an individual forges an intense bond with a beloved pet, the passing of this creature may be an excruciating loss. Those of us who've never established this level of connection with animals may not be able to fathom this pain." So, how do you best handle the depth and breadth of emotions which are part of pet loss grief?

Steps You Can Take to HealJoan Didion, in her book, The Year of Magical Thinking, refers to grief as a passive experience and mourning as an active one. Taking that as true, part of your pet loss grief will involve shifting from the relatively inactive experience of the emotional, physical and psychological effects of loss; into taking an active role in your pet loss bereavement. In other words, you want to move through your pet loss grief, not just resign yourself to sitting in it. Here are some steps you can take to make that happen:

Work the process. Not surprisingly, Joe Yonan (the author of the Washington Post article mentioned above), chose to write about his loss to help him process the grief he felt. "I’m a writer, and I need to process my grief by writing," he said, "so that’s what I’m doing." Creativity, in all its forms (not only writing, but painting, sculpture, photography, ceramics, musical expression, wood carving...the list is almost endless) is a valuable tool for the bereaved, including grieving pet owners.

In the online article, "How Art Heals Grief" (source citation below), author Douglas Mitchell argues in support of expressive arts therapy. It "encourages movement of the imagination that we may struggle with during our grieving process...the arts invite the imagination of these stuck places to come to the surface in images, movement, color, and sound. Our art process releases the tension of grief, allowing it to expand and contract, while providing a safe container in which this process can take place. When we create, we give ourselves permission to examine all that is happening within our grieving bodies." Do what you can to bring your natural creativity into your grief work.

Establish a new routine. In his Washington Post article, Joe acknowledges the fact that Red's passing, as well as the loss of his companion Gromit five years earlier, "didn’t merely leave a hole in my single-person household; it was as if someone had rearranged my life, excising without my permission many of the rituals that had governed it." When it comes to adjusting to life without your pet, establishing new ritual patterns can certainly help. Instead of going for a walk every morning, as you did with your dog; spend the same amount of time doing something very different. Other suggestions about changing your daily routine include: run it as an experiment, commit to thirty (30) days, start simple and (of course) be kind to yourself. You're bound to fail once in a while.

Replace lost needs. Your pet gave you many things, including physical and emotional comfort. Now he or she is gone, how will you fill those needs? Certainly you won't be ready to bring a new pet into your life for some months; in the meantime, what can you do to nourish your spirit in the ways your animal companion once did? Consider pet sitting for a friend or co-worker, provide a foster home for rescued animals; or simply take every opportunity to "meet and greet" the domestic animals who stroll through your day.

Bring your grief out into the open. Joe also chose to "sit around and cry a little less and to grieve, publicly, a little more." But there can be problems with that; often times other people just don't understand what it is you're going through. They can grow openly impatient and less-than kind; effectively silencing grieving pet owners and inhibiting their ability to grieve. So spend time with people who understand your loss; people who affirm your right to grieve, and in your own unique way. Remember this: every human being, including you, has the right to grieve. But it's also our right to be consoled and our grief validated.

Refute any guilt."The fact that our pets are so dependent on us," Joe notes, "makes it all too easy to second-guess our decisions and descend into a pit of guilt. Shouldn’t I have known? Did I do everything I could?" This internal questioning is fairly common, but doesn't serve us in our pet loss grief,so it becomes vitally important for you to accept your feelings of guilt, work through them, and learn from all you've endured. 

One more thing. We know it can be difficult, but it's helpful to recognize the relationship you have with your pet will continue forever. It's changed, of course, but it still exists. It dwells in your memories, the keepsakes and photos that you treasure; and most of all, in your heart.
If you're having a difficult time grieving the loss of a pet, we urge you to call us at 916-348-4000. Any of our staff members can provide you with additional pet loss grief support resources.

Sources:
Yonan, Joe, "The Death of a Pet Can Hurt as Much as the Loss of a Relative", The Washington Post, March 26, 2012, accessed 2014
Lipshutz, Linda, "Losing a Pet May Cause Inconsolable Grief", Huffington Post, September, posted and updated 2013, accessed 2014 
Mitchell, Douglas, "How Art Heals Grief", Good Therapy, March, 2012, accessed 2014

          916-225-3570   [email protected]    http://www.cjwatterslaw.com


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The story of Mazlo and Monique

3/6/2018

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​My friend Shelley adopted Mazlo from the Effie Yeaw Nature Center in Carmichael California about 20 years ago.
 
He was living happily in her yard for about 5 years and then Monique showed up and moved in with Mazlo.  She may have been a wild turtle or an escaped pet turtle that was searching for a mate.
 
They lived happy and content for almost 25 years, and had several babies.  Only a few made it to maturity as they are subjected to a lot of stress from frozen ground to spring rains are eaten by various other wildlife. 
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Last year Mazlo was eaten by a badger, (yes, we have badgers that live along the American River in Sacramento)  so Monique was moved to my house for safety. 

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​Because they had offspring before I was pretty sure Monique may have laid some eggs after coming to my place.  Sure enough, I lifted the plywood off the enclosure one day in February and to my delight found one little turtle wandering around. Then I noticed a small hole in the dirt, stuck my finger in to lift the dirt a bit and saw another one.
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I reached out to the Northern California Herpetological Society for help and was pleased to hear from Bill Bennett who has written several papers on caring for box turtles and other species.
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Unfortunately, one of the babies passed away but the other one seems to be thriving. If you find a turtle in the wild it is best not to disturb them or move them from the area. If you have decided to adopt a turtle please seek guidance from a professional that knows what is best for your new friend. 

​Contact your local herpetological society or zoo to learn more about the care of your specific turtle.


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WHO WILL TAKE CARE OF YOUR HORSE IF YOU SHOULD BECOME INCAPACITATED OR PASS AWAY?

1/2/2018

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From horses to hedgehogs, raptor to reptiles, I am passionate about assuring your pets are well cared for in case of your incapacity or should your pet out live you.
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There comes a time in our lives when we must think of family who will survive us and for many of us, that includes our pets and our animals. Many of us are horse owners, and although horses are not known to be 'pets', they are beloved family members none the less. As responsible horse owners, we know they trust us to provide for their complete care. From shoes and proper feed to exercise, vet visits and even euthanasia, our horses are no different than our other family animals. Those of us who cherish our animals as members of the family will do what it takes to make sure they are loved and cared for their entire lives.
 
The care of a horse includes specific needs which must be addressed properly to assure uninterrupted and continued good health and happiness. I recommend working with an estate planning attorney who is familiar with the animal's needs, especially those circumstances that come with horse ownership. I am honored to be one of those attorneys. Through my wide experience in this area, I am able to offer guidance and suggestions for the unique situations that come with being the guardian of all types of animals. I am honored to assist people in assuring the needs of their horse(s), and all other animals that depend on their care, are properly provided for in a comprehensive estate plan (Revocable Trust, Will, Durable Power of Attorney).
 
Providing for your pets doesn’t necessarily require a separate Pet Trust, but you do have to state your wishes specifically. If you wish to learn more about ensuring lifetime care of all your pets, including your precious horse(s), please contact my office. I look forward to serving you and your pets.

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916-225-3570   [email protected]    http://www.cjwatterslaw.com
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Life is Better with Pets: Studies

8/14/2015

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Pets are a joy to have, but did you know that they also help reduce stress, lower blood pressure, and can even help us live longer?

Recent studies show that pets have a significant and positive effect on humans.

In short, researchers found that:
  • Petting and talking to an animal lowers blood pressure and stress levels
  • Aquarium viewing is a proven stress buster
  • Pet owners make fewer visits to the doctor
  • Pets increase the survival rate of people with heart problems
  • Pets Help Lower Blood Pressure
A recent study by Dr. Karen Allen at the State University of New York at Buffalo found that people with hypertension who adopted a cat or dog had lower blood pressure readings in stressful situations than did those who did not own a pet.

Pets Help Reduce Stress
Walking with a pet helps soothe nerves and offers instant relaxation. Studies conducted worldwide have shown that the impact of a stressful situation is lesser on pet owners, especially males, than on those who do not own a pet. The studies were done by Josephine M. Wills at Waltham Centre for Pet Nutrition in the United Kingdom.

Pets Help Prevent Heart Disease
Because pets provide people with faithful companionship, research shows that companion animals may also provide their owners with greater psychological stability, thus offering a measure of protection from heart disease. This according to a study at the National Institute of Health (NIH) Technology Assessment Workshop: Health Benefits of Pets.

Pets Help Lower Health Care Costs
The NIH Technology Assessment Workshop also found that people with pets actually make fewer visits to the doctor, especially for non-serious medical conditions.

Pets Help Fight Depression
Pets help fight depression and loneliness, promoting an interest in life. When seniors face adversity or trauma, affection from pets takes on great meaning. Their bonding behavior can foster a sense of security, according to Between Pets and People: The Importance of Animal Companionship by Alan Beck and Aaron Katcher.

And, don’t forget to include your pet(s) in your Estate Plan.  Contact me today to discuss how to assure your pet is safe should you become incapacitated or pass away. 

Colleen J. Watters
Estate Planning Attorney
916-225-3570
[email protected]
www.CJWwattersLaw.com

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A Safe Haven for Pets Can Mean a Safer Life for Women

3/7/2015

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When a pet owner becomes a victim of domestic violence, the effects can be devastating for everyone in the household — pets included. Battered women who seek help from an advocacy agency or women’s shelter can find ways to transition into a safer environment, but it’s not always easy for those victims to care for their pets in the midst of such trying circumstances.

Many women’s shelters are unable to accommodate pets, which can add another layer of distress to an already challenging situation. Anxiety about a pet can multiply the grief experienced by abused women who leave their spouses.


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Pets May Help Improve Social Skills Of Children With Autism

3/3/2015

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As an attorney with a focus on Estate Planning I have assisted several families with creating a plan for children with developmental disabilities, including Autism.  I am also a strong advocate for pets. This article supports the bond between children and their pets. If you are considering a pet for your family, please conduct the proper research to find the right pet for your situation. Many local shelters have staff that can help with the choice.  You could save a life and enhance the life of your child at the same time. 


This article, written by Carolyn Gregoire and published in the Huffington Post, explores the benefits a pet can bring to your child’s development.


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Loving an Animal Can change your life - WHISKERED AWAY

11/3/2014

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WHISKERED AWAY

Love for your pet can change your life, even if the pet is a street rat.

A young couple living in Hong Kong couldn’t help but rescue a tiny street rat that was dying outside their apartment. Their intent to help him survive the night and then return him to the streets turned into years of enjoyment as Mr. T enriched their lives. 

Before rescuing Mr. T they had struggled to find even a spare hour in the day – but Mr. T taught them how to make room in their lives for the future family they wanted, to be more empathetic, more patient.

Read more by downloading the article below


Oprah Magazine – October 2012


whiskered_away.oprah_mag_10.2012.pdf
File Size: 1962 kb
File Type: pdf
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    Author

    Colleen J. Watters is a dedicated estate planning and probate lawyer. She also specializes in special needs and pet care planning. A graduate of Lincoln School of Law, a member of the California State Bar since 2008, a native of Sacramento, an active volunteer with the American River Parkway Foundation and the Placer SPCA.

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