Estate Planning for Pets

by Dan A. Baron, Baron Law LLC

Nobody wants to think about losing their pet, but have you thought about what will happen to your pet if they lose you? Creating a pet trust clause as part of your comprehensive estate plan will ensure that your furry friends are left in the right hands and taken care of to your exacting standards even after you pass.

A pet trust is a legal document, often found within the articles of a general family trust, that establishes care guidelines for your pets if you become incapacitated or pass away. A trustee is then appointed to manage the funds, while a caregiver is designated to take care of the pet; these may or may not be the same person in any given case. You can include a pet trust clause in any kind of trust, revocable or irrevocable. In most cases, a typical family will create a revocable family trust protecting assets for their children while also avoiding probate court. The revocable family trust would also include pet trust language caring for all furry friends.

One of the most significant advantages of a pet trust is that it is legally enforceable. This means that the pet owner’s instructions for their pet’s care must be carried out, ensuring that the pet receives the treatment and attention they are accustomed to. Unlike informal agreements with friends or family, a pet trust guarantees the terms will be honored. Conversely, this clause would not be upheld in a simple will. Remember that a simple last will is administered in probate court which is time consuming and expensive.

Pet owners can be as detailed as they wish when setting up the trust, specifying things like food preferences, grooming routines, frequency of veterinary visits and which vets to see. However, most pet trust creators leave a great deal of flexibility and general instructions for their trusted caregiver. You can set aside funds within the trust that are to only be used for the pet’s care and support, or use a guideline for your trustee to make the decision of how much is to be set aside when the time comes.

Your named trustee is responsible for managing the funds placed in the trust, so make sure this is a person you know will respect your wishes and exercise fiscal responsibility. The caregiver, on the other hand, is the person who will physically care for the pet. It’s essential to select someone who knows and loves the pet, understands their needs, and is willing to accept the responsibility of caring for the animal over the long term. The trustee and caregiver can be the same person. Some pet owners opt to assign these roles to separate individuals to ensure checks and balances. This separation can help avoid conflicts of interest and ensure that the pet receives the best possible care, but it is not required.

Setting up a pet trust requires careful planning and documentation. When creating the trust, pet owners need to provide detailed information to ensure everything is covered. This includes:

  1. Identification of the pet: It is important to name your currently living pet and also include provisions that would encompass any additional animals you may take in throughout your lifetime.
  2. Pet’s care requirements: Detailed instructions regarding the pet’s daily care, including food preferences, grooming, and veterinary care, should be specified, if any.
  3. Funds: Determine the amount of money necessary to care for the pet throughout its lifetime. This includes routine expenses like food and medical care, as well as unforeseen costs, such as emergency veterinary treatment. We typically recommend setting a specific amount instead of an annual allowance or percentage-based payment.
  4. Trustee and caregiver: Appoint a trustee and caregiver, as well as successors for both roles, in case the original appointees are unable to serve.
  5. Final arrangements: Specify burial or cremation instructions for the pet, should they pass away.

It is essential to have a backup plan in case the chosen caregiver is no longer able to fulfill their role. Situations change, and someone who initially agreed to take on the responsibility may no longer be able to do so due to personal circumstances. It’s important to regularly communicate with both emergency and permanent caregivers to ensure they remain willing and able to care for the pet if needed.

While it might seem tempting to designate an organization, such as an animal welfare group, as a permanent caregiver, this is generally not advisable. These organizations, while well-meaning, typically lack the resources to provide long-term care for individual pets. Instead, focus on finding someone who can offer your pet a home and the attention they need.

A pet trust is an excellent way to ensure the continued care of your beloved animals after you’re gone or unable to care for them. By setting up a trust, pet owners can provide for their pet’s wellbeing, from daily routines to medical care, and ensure that their companion animals live comfortably and happily for the remainder of their lives. As you establish your estate plan, remember to talk to your attorney about these options and how you can best ensure your pet’s comfort in your absence.

For more information on how to create a revocable family trust with pet trust language, contact our office today at 216-573-3723 or dan@baronlawcleveland.com. Pictured in this article is Bubba, the mascot of Baron Law LLC and companion for attorney Dan A. Baron.

Dan A. Baron, Baron Law LLC

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Baron Law LLC
Crowne Centre, Suite #600
5005 Rockside Road
Independence, Ohio 44131
216-573-3723
www.baronlawcleveland.com

Opinions and claims expressed above are those of the author and do not necessarily reflect those of ScripType Publishing.