New York lawyer Rachel Hirschfeld has made it her life's ambition to improve life for animals, and that includes protecting their interests should that pet become separated from its owner. And when it comes to pets and divorce, for example, the animals can become the pawns in a nasty conflict.
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When it comes to children or pets, the fight can get deeper because that is where the pain is the most," says Hirschfeld. "So the person who is mad with the other person, they are going to try to get the kid or four-legged kid, the furry kid. I've even heard tell of horrible situations where they threaten to kill the animal if the person leaves. Or they throw the spouse or partner out and lock up the pet. So you really want to get as much going as you can to form a record, of care and of ownership."
Because animals are considered property in North America, they are particularly vulnerable, she says. For example, if a common-law spouse dies, the other spouse doesn't necessarily inherit their pet. It could easily be claimed by the dead spouse's family as part of the estate.
"It passes to the family," says Hirschfeld. "So if your mother hates your spouse you lose your dog."
"If you have a house, you would have a title, and you would put that house in your name," she explains. "If it's a pet, you would do the next best thing."
That next best thing is documentation. The agreement should state which partner is the owner of the pet, and the owner should be able to provide back-up documentation to prove it. For example, if the pet came from a shelter, ask the shelter for a letter that confirms the name of the person doing the adoption. If you got the animal from a breeder, ask the breeder. If it's a friend, ask the friend.
As well, the owner should be sure to include information as to who would become the successor guardian to the pet. If it's the owner's spouse or partner, that should go into the agreement.
Hirschfeld has created a document that protects pets much the same way as a prenup would. It's called the Pet Protection Agreement. Hirschfeld has discussed estate planning for pets on ABC's Nightline, and she has also given detailed talks to other attorneys on how to deal with pet issues and matrimony.
"You show me there isn't something going right for the pets, and if you can show me that, I will fight to win," she says.
Hirschfeld, who has a dog and a cat of her own, didn't start out as a pet lover. She was at first scared of animals and knew little about them. But she was married to a man who was seldom home, so his mother suggested she get a dog to keep him around. She went to the shelter and spotted a Bichon Frise Poodle mix that she thought was cute, but she couldn't commit. When she was leaving the shelter staff person commented that she should come back in a couple of days because the current batch of dogs was going to be euthanized. She was devastated to hear that the Poodle mix was to be put down, so she went back the next day and adopted the little dog that would become her beloved Soupbone. The marriage failed, but she and Soupbone were together for years. He inspired her to do good.
Soupbone is gone now, but he still plays a role in Hirschfeld's life.
"When I think of my work, I think, ‘What would Soupbone do?'"
