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💰Woman in China Leaves $2.8m to Her Pets...Not Her Children

IS THIS EVEN LEGAL?!!

Author

Bryan Reisberg
February 01, 2024

Woman In China Leaves $2.8m to Her Pets…not her Children. But is it legal?

According to the South China Morning Post, a woman in China “decided to leave her 20 million yuan (US $2.8 million) fortune to her cats and dogs and give nothing to her adult children.”

Like many of you, you probably think that’s crazy. But then again, if you take another minute…it’s not really that crazy…

According to the article, the woman drafted her will a few years ago, leaving all her money and property to her kids, and then changed her mind when her kids stopped visiting her and caring for her when she got sick.  Who were the only ones there for her? Her pets. (Probably because they wanted her money).

But of course, as in most countries, it’s not legal to leave money to your pets. So a local vet clinic has been appointed as the administrator of the inheritance and will have the responsibility of caring for the animals, and disbursing the money accordingly to provide for those animals.

Why can’t money legally be left to our furry children? Because under the law in most countries, pets are considered property, legally known as chattel. Which means according to the law, your pet has no intrinsic value, and is kind of seen like a piece of furniture.

Legal Recourse for Medical Malpractice

Classifying pets as property has a whole host of legal ramifications set in place to protect the institutions that care for our pets (and protect them from undue financial risk, according to the courts).

One situation being medical malpractice and the legal recourse for damages.  For example, you take your pet for a routine checkup, and something goes horribly wrong. What kind of legal recourse do you have? Under the current laws in the United States, not that much.

In 2013, a family dog in Texas was picked up by animal control and mistakenly euthanized.  Because the dog had no market value (this feels awful to write, but don’t shoot the messenger, I’m just trying to properly explain the facts of the case.), the family sued for intrinsic value. But unfortunately their case was heard and the judge ruled against them.  The court, while sympathetic to their loss, upheld the laws in place.

“Pets are property in the eyes of the law, and we decline to permit non-economic damages rooted solely in an owner’s subjective feelings,” Justice Don Willett wrote. “True, a beloved companion dog is not a fungible, inanimate object like, say, a toaster. The term ‘property’ is not a pejorative but a legal descriptor, and its use should not be misconstrued as discounting the emotional attachment that pet owners undeniably feel.

“Nevertheless, under established legal doctrine, recovery in pet-death cases is, barring legislative reclassification, limited to loss of value, not loss of relationship.”

Would you leave your millions to your pets?

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Where the law is becoming less clear, is when it comes to divorce.

Who Gets the Dog In A Divorce?

The categorization of pets as mere property is undergoing a transformation, driven by the acknowledgment of pets as distinctive and valued members of human households. This recognition has gained traction in certain states, distinguishing pets from inanimate objects like furniture. Consequently, legal recognition is emerging, with states acknowledging the significance of considering the well-being of pets when addressing matters of divorce or separation involving their "owners."

According to Forbes, there are 8 states in the US that consider the pet’s wellbeing or best interest in a determination as to joint or sole ownership of the pet after divorce: 

  • Alaska

  • California

  • Illinois

  • Maine

  • New Hampshire

  • New York

  • Rhode Island

  • Washington DC.

As a current resident of Brooklyn, NY, I’m proud to report that in its justification for the bill, the New York State legislature reasoned, "For many families, pets are the equivalent of children and must be granted more consideration by courts to ensure that they will be properly cared for after a divorce" (Senate Introducer's Mem in Support, Bill Jacket, L 2021, ch 509 at 6).

But the times…they are a changin…

In Canada, specifically British Columbia, pets are no longer treated as property in family law cases. BC Premier David Eby says the Family Law Act is being updated to “ensure that there is that certainty about how pets are treated under the law.”

The changes in Family Law mean the courts will now consider each person’s ability and willingness to care for the animal, the relationship a child has with the animal; and if there are any risks of family violence or threats of cruelty to an animal.

BRB moving to Canada.

Should pets be legally considered members of the family?

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Does Your Pet Really Need That Winter Coat?

The million dollar question: Are those doggy jackets really useful?  Well, the NYTimes finally found the right people to help us get to the bottom of it.  Dr. Deborah Mandell, director of emergency service at the Matthew J. Ryan Veterinary Hospital of the University of Pennsylvania is here with an answer.  Here is the article, but I’ll summarize the main points below

Cold weather is risky for some pets. Here’s why:

  • Pets can develop hypothermia and frostbite.

  • Pets can also slip on ice, or face cold-related paw injuries.

How do we protect against these risks?

While it’s hard to give a blanket statement that applies to all dogs in all weather conditions, here’s what Dr. Mandell had to say:

  • If the temperature is at or below freezing, no more than 10 to 15 minutes is a good benchmark. Go out, go to the bathroom, then back in — which is a good rule for when it’s also too hot.

  • If you’re uncomfortable, your pet probably is too.

  • Know your dog’s cold tolerance. For example, a greyhound has no subcutaneous fat and has very little hair, so they guys don’t tolerate cold as much as some of the breeds that have double coats.

  • The American Veterinary Medical Association also notes that short-legged pets may become cold faster than those with long legs, as their bodies are more likely to come into contact with the frigid ground.

  • Very young and very old animals may struggle with body temperature regulation, as can those with underlying health conditions. For instance, an older pet with arthritis or inflammation may feel particularly uncomfortable in the cold, said Dr. Rebecca Ruch-Gallie, an associate professor at Colorado State University Veterinary Teaching Hospital.

Signs that Your Pet is Cold

  • Shivering

  • Unwillingness to walk

  • Picking their feet up

Dr. Gabrielle Fadl, senior director of medical programs and projects with Bond Vet in New York City urged dog owners in particular to check paws for ice or snow balls that are lodged between their toes while outside, and for cracking or bleeding once you get indoors.

But the good news, is that dogs will usually let you know when they’re too cold. So with most things, just keep an eye on your dog, and be cognizant of any changes to their behavior.

So are jackets necessary?

The experts say that on really cold or freezing days, a sweater or jacket can be a good option if your dog tolerates it.  And booties or balms for their feet, particularly if your pet will be walking on surfaces that have been dusted with salt or ice melt, which can damage their paws and be dangerous if ingested.

According to Dr. Ruch-Gallie, “Their coats are designed to try to keep them temperature regulated.”  

She means their coats of fur.  So are the doggy jackets necessary? Like with everything when it comes to pets…the answer is complicated. Some dogs, yes, some dogs no.

The Squeeze aka Dog News in 60 Seconds

Today’s Last Laugh:

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@josie_kamdan

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