Thomas Aquinas and Dogs
Thomas Aquinas, the 13th-century Catholic theologian and philosopher, and maybe the smartest man of all time, did not directly address the question of whether dogs go to heaven.
Aquinas believed that animals have a sensitive soul, which enables perception and movement, but lack a rational soul, which is immortal and capable of knowing God. He argued that only beings with rational souls, humans, have an eternal destiny oriented toward heaven. Animals, lacking this rational capacity, were created to serve God's purposes in the temporal world, and their existence was generally understood to cease at death.
However, he did acknowledge that animals are part of God's good creation, and in his discussions of the "new heaven and new earth," he suggested that the restored creation might include elements of the natural world for the glorification of God and the delight of the blessed. This leaves open the possibility that animals could exist in some form in the renewed creation, though not as individuals with eternal souls like humans.
C.S. Lewis and Dogs
In The Problem of Pain, C.S. Lewis explores animals’ place in creation, and suggests that higher animals, like dogs, might achieve a form of selfhood or immortality through their relationship with their humans. He speculates that a dog’s personality could be shaped by its owner’s influence, making it more than a mere animal. He writes, “It is possible that certain animals, if so brought into the life of man, may be raised by him into a participation of selfhood.”
In Letters to Malcolm, Lewis responds to the idea of animals in heaven more poetically. He suggests that the new creation (the restored heaven and earth) might include animals, as they are part of God’s good creation. He imagines that the redeemed world could feature animals in their perfected state, free from suffering or corruption, contributing to the joy of the redeemed. While he doesn’t specifically mention dogs here, the idea would naturally extend to beloved pets.
Popes and Dogs
Pope John Paul II said that animals have the breath of life, and we are called to stand with them.
Pope Francis said each creature has its own purpose.
Legend has it that Pope Paul VI told a little boy who was crying because his dog had just died that we will see our animals in eternity.
If Your Dog Makes It ...
Hopefully, our dogs will make it to heaven, and hopefully, we will make it there to see them.
This reminds me of one of my favorite clients whose husband died in a car crash on his way to church. He was a very devout Christian, and so was she. One day, when I was with her family in her home, she told her son that she can't wait to see her husband in heaven. Her son said, "How do you know you'll be going there?" She stared him down and they both busted up laughing.
Estate Planning for Your Pets
Whether or not your dog makes it to heaven, to what extent do you need to plan for your pets while they are still on earth in your estate plan?
As you know, if you have worked with us or read this blog, we recommend keeping your estate plan simple and avoiding undue complexity. Complicated estate plans are difficult for your successor trustee to administer.
The simplest way to account for your dogs in your estate plan is to include a provision in your living trust to allocate a dollar amount to a child or friend to take care of your dog. Choose someone you trust, and you won't have to worry about them keeping the money for themselves.
But if you don't have that person you trust, and you want to make it more formal, you could add pet trust provisions to your living trust.
California Pet Trusts
In California, pet trusts are governed by California Probate Code § 15212, which allows individuals to create enforceable trusts for the care of animals. Below is a concise overview of the rules and requirements for establishing and managing a pet trust in California:
Key Rules for California Pet Trusts
- Purpose and Eligibility:
- The trust must be created for the care of one or more animals that are alive during the settlor’s (creator’s) lifetime.
- The trust can provide for the animals’ maintenance, including food, veterinary care, grooming, and other reasonable expenses.
- Duration:
- The trust terminates upon the death of the last surviving animal covered by the trust.
- California does not impose a specific time limit (e.g., 21 years) for pet trusts, unlike some states, allowing flexibility for animals with long lifespans.
- Trustee:
- The settlor must appoint a trustee to manage the trust assets and ensure they are used for the animal’s benefit.
- A successor trustee can be named in case the primary trustee is unable or unwilling to serve.
- The trustee has a fiduciary duty to act in the best interest of the animal and follow the trust’s terms.
- Funding:
- The trust must be funded with assets (e.g., cash, investments, or property) sufficient to care for the animal.
- Courts may reduce excessive funding if deemed unreasonable (e.g., leaving millions for a single pet), redistributing excess to residual beneficiaries or charity.
- Caregiver:
- The settlor can designate a caregiver to physically care for the animal, who may be different from the trustee.
- The trust can provide compensation to the caregiver, as specified in the trust document.
- Enforcement:
- The trust is enforceable by:
- A person designated in the trust document.
- A person appointed by the court.
- Any person with an interest in the animal’s welfare (e.g., a friend, family member, or animal welfare organization).
- Courts can intervene to ensure the trust is administered according to its terms.
- Trust Terms:
- The settlor can specify detailed instructions for the animal’s care, such as diet, veterinary preferences, living arrangements, or even burial/cremation upon the animal’s death.
- Terms can include provisions for the trustee or caregiver to reside in a property (e.g., the settlor’s home) if explicitly stated, though this is rare and must be clearly drafted to avoid disputes.
- Residual Assets:
- Upon the animal’s death, any remaining trust assets are distributed to beneficiaries named in the trust or, if none are specified, according to the settlor’s estate plan or intestacy laws.
- The settlor can designate a charity (e.g., an animal welfare organization) as a remainder beneficiary.
- Court Oversight:
- If the trust lacks a designated enforcer or if disputes arise, a California probate court can appoint someone to monitor the trust or resolve issues.
- The court can modify or terminate the trust if its purpose (animal care) is no longer achievable or if funds are excessive.
Pet trusts can be helpful if you use common sense. But not so much if you don't.
Not long ago, one of our attorneys met with someone who was not married and had no children. He wanted to leave his $2M estate to his dogs through his living trust, with the remainder to his nieces and nephews. His dogs were eight and nine years old and probably had a life expectancy of no more than five years. He could have covered their expenses for a lot less than his entire estate. We recommended that he set aside about $50,000 (way more than needed) in a pet trust as part of his living trust, with the remainder going to his nieces and nephews.
One of my favorite estate planning pet stories involves a very wealthy Texas widow who wanted to provide for her dog, a ten-year-old black Labrador. Her estate plan was written so that when she died, a professional trustee would hire a pet care company to have one of their employees live in her mansion with her dog and care for it. Well, guess what? The employee didn't want his cushy gig to end. So when the dog died, he found another black lab and acted as if it were the same dog. Then that dog died, and he found another black lab. Three dogs and 15 years later, the professional trustee looked into the dog situation and discovered that the dog had to be over 25 years old. He investigated the pet care company and discovered the grift, and he immediately fired the pet care company and evicted the employee from the mansion.
Love Your Dogs But Don't Go Overboard
I am a dog owner, and I love my dogs so much, and I truly believe they are gifts from God. However, they are not humans, and they have a short life expectancy.
If you intend to plan for your dog's care in your estate plan, use common sense and don't go overboard, no matter how much you love them, and hopefully, you will see them in heaven.