Should judges be allowed to change the specifics of a last will and testament that leaves millions of dollars to the beloved pet?

2019-01-16T01:00:06-05:00

Leona Helmsley left her dog 12 million dollars and a judge reduced it to 2 million dollars. The woman knew what she wanted to do and I don't think a judge should have overridden that last wish and given the balance to a Helmsley charity. I have already told my son I am changing my will to leave my fur baby 3% of my estate and he had better not have a mysterious doggy accident. And I will have it put in my medical records by an MD that I have sane mind and will to do this. And that those who were not named as receipents know why. But the most important person to understand is my son. He rescued and adopted fur baby!

Response by LTC Stephen F. made Jan 16 at 2019 4:02 AM

2019-01-16T04:02:11-05:00

Thank you, my friend PO3 Phyllis Maynard. That is an intriguing legal question.
I would prefer not to have a blanket decision but rather some basic guidelines.
Leaving a large amount to a pet with a short lifespan such as a dog would require the dog to have a will unless the original pet owner specified what happened when the pet dies.
Since dogs cannot sign a will or testament there is no way they could bequeath funds with any certainty of intent.
What do you think, my friend LTC John Shaw

Response by Sgt Aaron Kennedy, MS made Jan 16 at 2019 7:44 AM

2019-01-16T07:44:08-05:00

This was an interesting case, but the reasoning the judge used was that Ms. Helmsley was "mentally unfit" (opposite of sound mind and body) when she executed the will.

We have judges to interpret intricacies of law. This specific case is what they are there for. We may disagree with the outcome, but it's hard to say that one should not have been involved in this specific case (Billionaire probate case).

Response by MAJ Private RallyPoint Member made Jan 16 at 2019 9:09 AM

2019-01-16T09:09:30-05:00

I'm not even sure how you leave money to a pet. Pets can't have bank accounts and can't spend money so actually leaving the money in the pet's name seems like it won't have the intended impact. So why not leave the money to an actual person with strict instructions on how to spend it (on the pet)?