The Trouble with Leona

A recent article in The New Yorker by Jeffrey Toobin discussed the changing world of pet law, specifically focusing on the bequest left by Leona Helmsley to her Maltese, Trouble."In her will, which she signed two years before her death, Helmsley put aside twelve million dollars in a trust to care for Trouble," he writes. Further, she instructed that Trouble be interred in the Helmsley Mausoleum.

All of which is eccentric perhaps, but nonetheless, Leona's prerogative. Where things get a bit dicey is with the mission statement of the Leona M. and Harry B. Helmsely Charitable Trust, to which the bulk of Leona's estate was left. As Toobin puts it: "According to a 'mission statement' which Helmsely signed on Marcy 1, 2004, the trust was to make expenditures for 'purposes related to the provision of care for dogs.'" This Trust could be worth nearly eight billion dollars making it potentially the largest charitable trust ever to focus specifically on caring for dogs.

Of course, no one knows exactly what type of care this will be and while lawyers are arguing over the details, animal rights groups are already submitting proposals for their respective causes. The question, however, does not seem to be whether or not Leona had the right to create a trust to care for dogs, rather whether or not the trust will be administered in the way she envisioned, because no one seems to know what she envisioned.

Much is made of Ms. Helmsely's disdain for people--in fact the existence of a trust fund to care for Trouble seems to underscore Leona's well documented difficulties in dealing with people. But little is said about the fact that Leona cared enough about her dog to plan ahead for his care when she was gone. A bit lavishly perhaps, but planning is planning.

The law, in effect, is changing its categorization of pets from property to something closer to children and not everyone is comfortable with this new shift. The idea is not to extend the rights of humans to animals--seriously that would never fly--but to remove them from the classification of property and therefore become eligible to become beneficiaries of these trusts.

Horse trusts are becoming legitimate vehicle for providing for the care of your horse after you are gone. Whey shouldn't dog trusts be equally viable?

But Leona's story makes a few points very clear. It is necessary to be very clear about your intentions and to choose people as executors who will take their responsibilities seriously. It is very important to specify the goals of the trust you intend to endow. Don't expect people to be able to guess your wishes--especially if you have more furry friends than two legged ones--and think carefully about the legacy you are crafting.

It seems to me that had Leona truly thought about her intentions, she might have changed her legacy from one of cold hearted gold digger to one who wanted to make the world a better place for dependent domestic animals.