Legally, a pet animal is considered tangible personal property, like your car, your furniture or your jewelry and, upon your death, your pets would pass to your heirs or beneficiaries of your estate who are otherwise entitled to receive such property.  If you have a will or trust that does not gift your pet to a specific person, then the pet would pass to whoever receives of your tangible personal property.

The good news is that Illinois Law now allows you to establish a Trust designed to care for your pets. However, if you have no will or trust, then your property would pass to your "heirs" under Illinois Law, which usually means to your surviving spouse and/or your surviving children (and grandchildren by deceased children). If you have no surviving descendants, your surviving parents or if you have no surviving parents, then to your surviving brothers and sisters. 

Of course, the above discussion is pertinent to the long-term fate of your pet – i.e., after probate proceedings have been initiated, debts and taxes have been paid, etc.  Very few states have laws dealing with the short-term care of your pet, and as such, making express arrangements for the immediate care of your pet is generally up to you.  At a minimum, you should have someone who will be timely notified and go to your house immediately in case of an emergency. Be sure your attorney adds a provision in your Power of Attorney for Property authorizing your designated agent to provide for or delegate the care of your pets as may be needed.

If you want to be sure that your pet is properly cared for after your death or incapacity, please consider establishing a Pet Trust. We can assist you in designing the perfect plan for both you and your pets.

Thank you for your interest!