Pets Without A Will In Tennessee

When you die without a will in Tennessee, your pets are treated as personal property under state intestacy laws. This means your companion animals will be distributed to your heirs just like your furniture, vehicles, or other belongings. The court doesn’t consider your pet’s needs, your wishes for their care, or whether your legal heirs actually want to take responsibility for your animals.

How Tennessee Intestacy Laws Affect Pet Ownership

Tennessee follows a specific order of inheritance when someone dies intestate. Your pets would typically pass to:

• Your surviving spouse
• Your children, if you have no spouse
• Your parents, if you have no spouse or children
• Your siblings, if no closer relatives exist

The problem is that the relative who inherits your pet may not be equipped to care for them. Your elderly parent might inherit your high-energy dog. Your sibling with severe allergies could end up with your cat. A Maryville Wills Lawyer can help you avoid these scenarios through proper planning.

During probate, your pet becomes part of your estate’s inventory. The executor can’t immediately transfer your animal to someone who wants it. Instead, your pet must wait while the estate goes through the legal process. This can take months or even longer. In the meantime, someone needs to provide temporary care. If family members can’t or won’t step up, your pet might end up in a shelter. Even beloved animals face this risk when owners haven’t made specific arrangements.

Pet Trust Options Under Tennessee Law

Tennessee law allows you to create a pet trust, which provides much better protection than relying on intestacy. Under Tennessee Code Annotated § 35-15-408, you can establish a trust specifically for your pet’s care. A pet trust lets you designate a caretaker, set aside funds for your pet’s expenses, and provide detailed instructions about their care. You can specify everything from dietary preferences to veterinary care standards. The trust remains in effect for your pet’s lifetime.

Without a will, you can’t leave money specifically for your pet’s care. Your heirs inherit everything together, and they’re under no legal obligation to spend any of it on your animals. They could surrender your pet to a shelter the next day and keep all the assets. A pet trust solves this problem by legally earmarking funds for animal care. The trustee manages the money and ensures it’s used only for your pet’s benefit. This protects both your pet and the designated caretaker from unexpected financial burdens.

Creating A Basic Pet Care Plan

Even a simple will is better than dying intestate when you have pets. At a minimum, your estate plan should name a specific person to receive each animal and include enough money to cover their care. Consider naming backup caretakers, too. Your first choice might predecease you or become unable to care for your pet when the time comes. Having alternatives prevents your pet from falling through the cracks.

You should also leave written instructions about your pet’s routine, medical needs, favorite foods, and behavioral quirks. These details help caretakers provide continuity and reduce your pet’s stress during the transition. A Maryville Wills Lawyer can draft enforceable documents that give you peace of mind about your pet’s future. Don’t leave your companion animal’s fate to chance or assume family members will automatically do the right thing.

Your pets depend on you completely. Without proper planning, they’re vulnerable to whatever happens after you’re gone. Taking time now to establish a will or pet trust means your animal companions will receive the care and love they deserve, even when you can’t provide it yourself. Contact Carpenter & Lewis PLLC today to discuss your will.