MENTIONING A PET IN A WILL IS A DANGEROUS GAMBLE
"Leaving a pet in a Will is a death warrant"
New York Judge, Anthony Sacarpino Jr.
You Do Not Have the Final Say With Your Will – The Court Does.
All Wills must go through probate. What is probate? It’s when the court reads your Will and decides if it needs changing. What makes it need changing? This is in the court’s discretion so anything goes – literally – it goes and gets replaced.
What if your Will gets into the hands of a judge who doesn’t like animals? Just saying.
Neither the court, the pet guardian, nor the beneficiaries are required to follow your instructions in a Will.
"I Took Care of My Pets—They Are in My Will!"
When people think about estate planning, the first, and sometimes only, thing that comes to mind is a Will.
But a Will has huge drawbacks for living beings. On the average, Wills can take 9 months to 2 years to go into effect and instructions are not enforceable.
Your Animals are in the Will, But You Didn’t Die.
A Will takes effect only after the Pet Owner's death. The Pet Protection Agreement® pet trust and stand-alone pet trusts, like the Will, are enforceable after the pet owner's death. But unlike the Will, they are both also valid during the pet owner's life.