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What’s In The Kitty? Pet Bequests Aren’t Only For The Rich And Famous

It's rumored that Karl Lagerfeld left millions to his cat. The average person can do the same thing -- minus the millions, of course.

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Karl Lagerfeld poses next to a photo of himself and his cat Choupette (Photo by JOEL SAGET/AFP/Getty Images)

It is rumored that designer and Chanel creative director Karl Lagerfeld once bemoaned that marriage was not yet available for human beings and animals. His 2013 statement was demonstrative of his love for his pet Birman cat named Choupette. Undoubtedly, Lagerfeld has been more generous to his kitty than some are to their spouse, both in life and death.

It is believed that Lagerfeld, who died in France on February 19, 2019, at the age of 85, has left a part of his fortune that is estimated between $150 and $300 milliion, to Choupette.

A bequest to Choupette is not surprising considering the love Lagerfeld expressed for his cat and the luxuries he bestowed upon her since 2011. Lagerfeld arranged for Choupette’s own Twitter account, photoshoots, and fashion lines. It is reported that the feline has two maids, a driver, an iPad, and a Dyson Supersonic hairdryer.

Karl Lagerfeld would not be the first celebrity to leave a sizeable bequest to a beloved pet. Michael Jackson had a $2 million bequest in his last will and testament to his pet chimp, Bubbles. Leona Helmsley famously left her dog, Trouble, $12 million to the chagrin of family members. Following estate litigation, Trouble ended up receiving only $2 million, with the remainder being distributed to charities and grandchildren. The judge deemed $2 million sufficient for Trouble’s care. More recently, New York Author Ellen Frey-Wouter left $300,000 of her $3 million estate to her two cats, Troy and Tiger, who are being cared for by her two home health aides. Frey-Wouter was not survived by a spouse or children.

Testamentary gifts for pets are not limited to the wealthy. Pets become part of the family, and as such they need to be provided for, if at a minimum to direct who takes care of them when their owner passes away. As such, estate planners find themselves inquiring as to the existence of pets when meeting with clients. The structure of an estate disposition to a pet is dependent on the size of the bequest and the identity of the individual or organization who will take custody of the animal.  Often pet owners leave detailed instructions as to their wishes for the care of their pet, much like parents do for their minor children. Some states even have pet powers of attorney wherein an individual appoints an agent to make decisions regarding the care of a pet in the event she is unable to act. Additionally, pet trust statutes exist in all 50 states and the District of Columbia.

One technique to ensure that your pet is taken care of upon your passing is a “pet trust.” This is a vehicle that is often established under a last will and testament and a designated trustee will hold monies for the benefit of a designated pet. The trustee of the trust directs payment to the custodian of the pet as to care, food, and shelter. Law school and bar review students will be happy to know that a pet trust is exempt from the rule against perpetuities, a trust doctrine that requires that a trust be measured in human lives. As many pets have long lifespans (e.g., certain types of turtles), it is important to make certain there is enough money in the kitty to provide for their care throughout their life.

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Alternatively, some decedents leave their animals to a designated person and may consider gifting the designee funds to encourage care or offset the cost of caring for pet. Often a gift to an individual is promised on the condition that an individual takes care of the animal. This can be hard to enforce. If a pet trust is created under a last will, the will must be probated with the court and made public before the terms of the trust come into effect.  As with human estate planning, pet owners may establish inter vivo pet trusts during their lifetimes that operate outside the working of a last will and will ensure continuous care for the animal without any interruptions to probate a will when the owner passes away.

A good estate plan includes not only directions as to the disposition of assets, but also one’s remains. Recently, Lagerfeld stated that he wished to be buried with his mother and with Choupette’s ashes, if she would die before him. As the terms of Lagerfeld’s estate plan are revealed, we will find who will be guardian of Choupette and how much money will be awarded to provide her with care, presumably in a lifestyle to which she is accustomed. Now that Lagerfeld has predeceased Choupette, we ask, upon Choupette’s death, who will receive the kitty?

Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com. 

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