Documents are important to your furry friends, too
For many of us, pets are cherished family members. As an estate planning attorney, I often work with clients who want to ensure their pets are well cared for after they’re gone. Fortunately, this can be accomplished by incorporating provisions into your Will that establish a Pet Trust upon your passing.
A Pet Trust offers several important benefits:
1. Legal Recognition of Your Pet’s Care
Since pets are legally considered personal property, you can’t leave money directly to them. However, a Trust allows you to earmark funds for their care in a legally binding way. This ensures that your pet continues to receive necessities such as veterinary care, food, and grooming services – even in your absence.
2. Guaranteed Day-to-Day Care
Through a Trust, you can name a specific person to serve as your pet’s caregiver – someone you trust to provide daily attention and love. You can also appoint a Trustee (which may be a different individual) to manage the funds and ensure your instructions are followed properly.
3. Financial Security for Your Pet
A Pet Trust allows you to allocate a specific amount of money for your pet’s care. This ensures your pet doesn’t become a financial burden on the caregiver, and it provides peace of mind that resources will be available to meet your pet’s ongoing needs.
4. Tailored Instructions
You can include highly specific instructions in a Trust, such as dietary preferences, medical treatments, exercise routines, or even end-of-life arrangements like burial or cremation. This level of detail helps maintain consistency in your pet’s lifestyle.
5. Legal Enforcement and Protection
Unlike informal agreements, a Pet Trust is enforceable by law. The Trustee is legally required to follow your instructions and manage the funds appropriately. Courts can intervene if necessary, ensuring that your pet’s needs are met and that funds are not misused. Any leftover funds after your pet’s passing can be distributed according to your wishes – perhaps to a charity or your family.
6. Peace of Mind
Perhaps most importantly, a Trust gives you peace of mind. You can rest easy knowing your beloved companion won’t be abandoned, improperly rehomed, or sent to a shelter. Instead, your pet will continue to receive loving care – just as you would have provided.
Additional Support Options: SPCA’s Peace of Mind Program
Recognizing the need for pet planning, organizations like the Society for the Prevention of Cruelty to Animals (SPCA) have developed supplemental programs. One example is the Peace of Mind program. Upon your passing, the SPCA provides concierge-level service for your pet, including medical evaluations and rehoming efforts to place them in a loving environment. Enrollment in this program requires a one-time lump-sum donation. If your pet passes away before you, the service can be transferred to another pet. This program can serve as either a supplement to or an alternative for a Pet Trust.
Start Planning Today
A Pet Trust is a powerful way to extend your love and care beyond your lifetime. If you’re considering this option, begin by thinking about who would make a reliable caregiver and who could serve as Trustee. Then, work with a trusted estate planning attorney to create language tailored to your unique situation and your pet’s needs.
For more information on Pet Trusts and other estate planning strategies, you can explore my book, The S.M.A.R.T. Estate Plan, or contact me at the office.
To purchase The S.M.A.R.T. Estate Plan, visit https://www.cgalaw.com/estate-planning-book/
