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Disposition of Herps in Case of Owner Death >>

chris_mcmartin Dec 04, 2004 09:46 PM

Seeing as how that's a slightly-elevated possibility for me in the months to come, I've been thinking about it. However, it's equally applicable to everyone, since you never know when your number's up.

Anyone have suggestions for writing up legally valid documents for bequeathing herps to people/organizations upon death of the owner? Of course, the easiest method would be to have a surviving spouse (or similar) give them to a local herp club's reptile rescue/adoption committee. For those with more unique specimens, a zoo may be interested in them (the herps).

Not that I'm PLANNING on dying anytime soon, but it definitely is something to think about for the sake of the animals.
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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

Replies (7)

jeune18 Dec 04, 2004 10:45 PM

wow, isn't this the post of happiness
if you don't want to go through the hassle of lawyering with your animals, you could always try writing up a document and taking it to a notary public. like you would have to prove you are really you for them to sign it with you so it would definitely have legal validity in case something happened. i have no idea if it costs anything. we had a friend who did it so we never paid anything but i can't imagine it is free.
i hope nothing happens to anyone!
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vonnie
***There is no pleasure in having nothing to do; the fun is in having lots to do and not doing it. Mary Wilson Little ***

MdngtRain Dec 05, 2004 11:56 AM

A Notary can be utilized free of charge at most banks, as long as you have an account with them.
As for the documentation, write up a living will of sorts that makes provisions for you animals. I am not 100% sure how to do this, but I am pretty sure you can go to the local library (preferable a University library that would have a legal section) and look up examples or guidelies for a living will. Just make sure that anyone or any organization you leave your animals to is willimng and able to are for them should they need to do so. Also, it is oten helpful to include and pecific care directions for your animals as an appendix to the living will (just to insure whomever gets them knows how to take care of your specific animal).
So, may I ask, why the depressing post? I hope all is well with you.
I do have to say that it is always a good idea to be prepaired for anything; and haveing a living will for all of you assets and such BEFORE something tragic happens is a good way of making sure your wishes would be carried out. (I learned this the hard way after my aunt passed away relatively suddenly without much documentation regarding what she wanted done with her estate, leading to a 10 year probate court battle).
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1.2 Vacationing Kitties (Puddy, PeeWee & Mikey)
1.1 Veiled Chameleons (Charlie & Emma)
0.1 Collard Lizard (Jimmie)
0.1 Leopard Gecko (Lily)
0.0.1 AWOL Leopard Gecko (Eddie)
0.1 Amazing Fiance =o)

chris_mcmartin Dec 05, 2004 05:58 PM

>>A Notary can be utilized free of charge at most banks, as long as you have an account with them.

I have access to free notaries and legal advice. The legal office explained that notaries don't really add any "oomph" to a document, other than to state that the notary acknowledges that you wrote (whatever it is you wrote). It doesn't mean the content of the document is any more truthful; just that someone saw you write/sign it.

I asked about that subject because with all the interstate moves I must make, I was going to get notarized documents detailing my captives' origins and length of time I'd had them (I've been to some states where my animals were illegal to possess, usually due to their threatened nature in that state).

section) and look up examples or guidelies for a living will. Just make sure that anyone or any organization you leave your animals to is willimng and able to are for them should they need to do so.

That's the frustrating part--I move so much, I will have to constantly update the "beneficiary" to whatever herp club I would currently belong. It doesn't give me much chance to evaluate individuals' abilities to care for their charges before I ask them "can I put you in my will?"

Also, it is oten helpful to include and pecific care directions for your animals as an appendix to the living will (just to insure whomever gets them knows how to take care of your specific animal).

That's a great idea I hadn't really thought of.

>>So, may I ask, why the depressing post? I hope all is well with you.
>>I do have to say that it is always a good idea to be prepaired for anything;

You answered your own question! I have just been thinking about it lately since I'm transitioning to a more "deployable" position within my "firm." I'll have to update my will (everyone already has one, right?) anyway, so I might as well include the herp info.
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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

the4thmonkey Dec 05, 2004 06:24 PM

Sorry Chris, I must have been writing my post as you finished yours. What about forum members? At least people here love and want herps. I know we are not supposed to use this forum to sell or give anything away. But you are good at being cryptic in posts and perhaps it would generate some private emails that would result in having people to ship them to.
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Valerie

We may have all come on different ships, but we're in the same boat now.
--Martin Luther King, Jr.--

God bless the USA

vrk.photosite.com

the4thmonkey Dec 05, 2004 06:15 PM

Thank you for what you are doing for your country and for all of us. You will be in my thoughts and prayers daily.

This will be another bummer of a post. Death is a tough thing to think about, but really, everyone should, and also about incapacitating injuries. Sorry, but after working in an ICU for 20 years, I have seen horrible instances when families cannot agree to a course of action for their loved one who can no longer make his wishes known. A living will deals with end of life health care decisions for a person and I have seen families revoke it when a person can no longer speak. I believe living wills should be combined with a legal instrument known as a "durable power of attorney for health care decisions." This is a much more thorough document which names a person or persons to make these decisions (but not business or financial decisions) for you should you become incapable of making them yourself. This should be a person with whom you have had a very serious talk about end of life---and QUALITY of life---issues. Say things to this person like, "I would not want to live if......" This should also be a person that you believe can be rational, and overcome the emotional distress people experience when a loved one is injured or very ill and carry out your wishes. Some people also feel this person should not be in a position to gain financially from your death. I personally feel this should not stop you from naming your spouse or another heir if they fit the other requirements. I found these papers free online years ago; they were specific to my state. Hospitals can usually point you to a free copy as well, which then must be signed before a notary.

For the animals, you will probably want someone willing to take care of them in case you are serioulsy injured, as well, and a will won't be in effect at that time. I think I would try to have a plan in place informally with individuals you trust and believe would do the best thing for your herps. Even if this was designated in a legal document, nothing would stop a person from doing what they wanted with an animal once they had possession of it. I would leave a list of who has agreed to take which animal along with the number of the closest herp rescue refuge available, just in case. If an oral agreement between friends in not enough when that friend is needed, this is probably not the person you want to give your herps to, anyway. God bless you.
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Valerie

We may have all come on different ships, but we're in the same boat now.
--Martin Luther King, Jr.--

God bless the USA

vrk.photosite.com

PHEve Dec 04, 2004 11:18 PM

Funny you mention this Chris, because last year, I was looking at all my lizards(alot) and thought what the heck would my husband do if something happened to me. He is not into them (likes to look at them but not a herper)

He would not even know how to take care of most of them, and would not have the time, even if he learned. Plus he would have my dogs, 2 cats, a bunny and squirrel and fish too.

So I asked 2 forum memebers, that I have been friends with along time, and trust, if something were to happen, could I have my husband call them, and would they either take some or help my husband find good homes for them all.

I figure the 2 friends I asked, have many contacts in this hobby and would help my mate, to feel at peace with having to get my scaley kids new homes!

When I asked, each said oh dont talk like that, but it made me feel happy when they agreed to be of assistance if something did happen.

GOOD BUDDIES !

You will be Back Chris !
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Eve / PHEve

chris_mcmartin Dec 05, 2004 05:39 AM

what the heck would my husband do if something happened to me. He is not into them (likes to look at them but not a herper)

Same story with my wife, although she'll have to learn to take care of them while I'm away.

Another scenario which may arise is specifying you'll give your animals to someone in another city/state, only to find out that it'd be illegal for them to own the animals due to local legislation.
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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

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