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For pet lovers, ensuring that our furry (or feathered, or scaly) companions are cared for after we’re gone is a deeply personal concern. However, pets are still legally considered property and cannot directly inherit from you. Thankfully, there is a solution: pet trusts.

You might recall the episode of The Simpsons where Great Aunt Gladys leaves her pet iguana Jub-Jub to her sister Jacqueline, who in turn finds the iguana distasteful and is eventually caught trying to stab it with a hatpin.  Ultimately, Aunt Selma ends up assuming the care for and falls in love with Jub-Jub and we are left with a neat resolution for this sticky situation. While this is a comedic take on what can happen to our beloved pets when we pass, it illustrates some of the common issues that can arise from a lack of planning: when no specific instructions or resources are left for a pet’s care, it can create unnecessary burdens for the caregiver and potentially leave your beloved pet without the care you intended. As a will lawyer can share, a pet trust could have solved this problem, ensuring that Jub-Jub and his caregiver had the support and means of care they needed.

What Is A Pet Trust?

A pet trust allows you to allocate funds and instructions specifically for the care of your beloved pet. While your pet cannot own property, you can create a trust that holds funds to ensure their care. These funds can cover everything from daily meals to veterinary care and even special needs like grooming or exercise routines.

Pet trusts are flexible and allow you to specify:

  • The type of food your pet should eat.
  • Preferred veterinary care and frequency of visits.
  • Contingency plans if the designated caregiver can no longer or is unwilling to care for your pet.
  • Instructions for finding a new home if needed.
  • Requirements for carrying pet insurance coverage.

You can fund the trust with a specific amount of money and designate what should happen to any remaining funds once your pet passes. For example, unused funds could go to a local animal shelter or rescue organization.

Types Of Pet Trusts

There are a few ways to set up a pet trust:

  1. Within A Living Trust: Add provisions for your pet in your own living trust.
  2. Testamentary Pet Trust: Include it in your will to take effect after your passing.
  3. Standalone Pet Trust: A separate trust solely for your pet’s care, though this can be more expensive and should only be utilized if necessary.

The most cost-effective option is typically including your pet trust as part of your overall estate plan.

Choosing A Caregiver

Designating a caregiver (or trustee) for your pet is a critical decision. Choose someone trustworthy, responsible, and aligned with your wishes. Having a candid conversation with your potential caregiver ensures they are willing and able to take on the responsibility.

A pet trust can only apply to animals alive during your lifetime and must end upon the pet’s death. It cannot benefit anyone other than your pet, and an unreasonable trust could be challenged in court and found invalid.

How Pet Trusts Work

As our friends at Aptt Law LLC can explain, you choose a caregiver (the trustee) and leave instructions about which type of food you prefer your pets to eat, which veterinarian should be responsible for managing their health, and how they should be groomed, etc. You also set aside funds to pay for your pet’s care and maintenance.

For example, if you have a dog and a cat with a combined care cost of $5,000 annually and an expected lifespan of 15 years. You might fund a pet trust with $75,000 to cover these costs. You could include instructions for the trustee that if any funds are left over when the trust expires, they should be donated to your local ASPCA or pet rescue organization.

All 50 states have laws that recognize pet trusts, though the wording may vary from state to state, and not all are enforceable.  For those states with enforceable pet trust laws, people are allowed to petition the court if they have reason to believe that the animals’ welfare is not being properly maintained.

Going back to our earlier example with Great Aunt Gladys, had she put together a plan, spoken with her intended caregiver, established clear instructions on his diet, habitat and veterinary needs, and set aside funds for the care of Jub-Jub instead of foisting him on her unwilling sister, she could have avoided the turmoil that nearly resulted in Jub-Jub’s unsavory end by means of a hatpin.

Who Should Consider A Pet Trust?

Pet trusts may not be necessary for every client that owns a pet, for example setting up a pet trust for a hamster with a life expectancy of two years is unnecessary and would likely be found unenforceable if challenged in court.  But those clients who keep pets with exceptionally long lifespans,  such as parrots (70 years), horses (35 years), or box turtles (30 years), or have pets that require particular care, such as my own dog that has chronic meningitis, or clients that run animal rescues should consider creating a trust to look after their animals when they are gone.  If you’re leaving behind a beloved pet—be it a cat, dog, or even an iguana like Jub-Jub — you may want to discuss whether a pet trust is right for you.

Pros And Cons Of Pet Trusts

As with most estate planning, there are certain pros and cons that should be considered when determining if a pet trust is right for you.  For example:

Pros:

Pet Trusts create a legal obligation for your pet’s care according to your wishes.  They provide accountability for funds left to your selected caregiver for your pet’s care.  They also allow you to set up a care plan that activates immediately if you become incapacitated and are no longer able to care for your pet.

Cons:

Pet Trusts may be inflexible if circumstances change after your passing and they are not always enforceable depending on the state.

All 50 states have laws that recognize pet trusts, though the wording may vary from state to state, and not all are enforceable.  For example, Alaska’s law specifies that pet trusts are allowed for designated domestic or pet animals. Other states, including Arizona and California, only mention “animals” in the wording of their pet trust statutes.

Finally, pet trusts can be altered by the court if deemed unreasonable.  For example, Leona Helmsley left her Maltese dog a $12 million trust fund while disinheriting two of her grandchildren. The court, however, found the sum was excessive to fulfill its purpose and reduced the amount of money in trust for the dog to $2 million and distributed a portion to the two disinherited grandkids.

If you have no estate plan, state law will distribute your possessions, including your pets, as property. As Selma and Jub-Jub taught us, failing to plan for your pet’s care can leave both your loved ones and your animals in a difficult position. By establishing a pet trust, you can ensure your wishes are honored and your pets are well cared for so long as you establish reasonable guidelines and means for their welfare. Consult with a lawyer to create a tailored solution that fits your needs and provides peace of mind for you and your beloved pet.

Author: Matador Publishers

Author Matador Publishers

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