ESTATE PLANNING: Handling pets in a will

Time to catch up on some of the questions that readers have sent in.

Q: How do you handle pets in a will? Do you just write who you want to receive the pet like you would a car or jewelry?

A: The simple answer is yes, pets are treated exactly like other personal property. I know for a lot of us, pets are family. My dog sure acts like she's one of my kids. However, from a legal standpoint, pets are personal property.

You can simply indicate in your will who you would like to receive Fido. However, I strongly suggest that you speak with the person you are thinking of leaving your pet to first. Owning a pet is like having a child and unfortuntately, not all of us are cut out to be parents or pet owners.

Another thing you might consider is establishing a pet care trust for your furry friend. Pets can be expensive to keep and leaving the pet and a little something to help care for him would likely be appreciated. You can establish the pet care trust in your will.

Q: What is the a deadline for creditors to file claims in an estate? What happens if you didn't know about the death until months later?

A: As a general rule, claims in an estate must be filed within nine months of the date of death and possibly sooner than that if an estate is opened and notice is published. If you fail to file a claim within the allotted time, you are likely out of luck. There is an exception for certain governmental claims but most of us work from that date.

Once an estate is opened, notice is published in a newspaper and creditors are given 90 days from the date of publication of notice to file a claim. If the personal representative knows of your claim and fails to give you actual notice, you might be able to get around the 90-day limit due to lack of notice.

However, you are still barred after nine months regardless of when notice was published. Unfortunately, your not knowing about a death isn't enough to get around the claim deadline. Publication of the notice in a newspaper is your notice. If you failed to discover the death within 90 days of publication or within nine months of the date of death, your claim is likely barred. Thanks for the questions.

Opinions are solely the writer's. Christopher W. Yugo is an Attorney in Crown Point. Address questions to Chris in care of The Times, 601 W. 45th Ave. , Munster , Indiana 46321 or to Chrisyugolaw@gmail.com. Chris' information is meant to be general in nature. Specific legal, tax, or insurance questions should be referred to your attorney, accountant, or estate–planning specialist.