For many people, pets are more than just animals — they’re cherished members of the family. Yet, when it comes to estate planning, their future care can be overlooked.
Including your pets in your estate plan ensures they’ll continue to receive love and care if something happens to you. Unless you arrange for their care and support after your death, they’ll go to the residuary beneficiary in your will. If you don’t have a will, they’ll be transferred according to the laws of intestate succession, which are unique to each state.
Formally appoint a caregiver
Start by identifying a trusted family member or friend who’s willing and able to take responsibility for your pets. You can formalize this by naming the person as the caregiver in your will.
Although you can’t use your will to leave money or other property to your pets, you can provide funds to their caregiver to cover expenses. But keep in mind that the caregiver has no legal obligation to use the money for your pets, so choose cautiously.
It’s wise to name a backup caregiver, just in case. Also, be sure to let your executor know about your plans. If you don’t have a trusted caregiver in mind, another option is to leave your pets to an animal sanctuary or rescue organization with a program designed for this purpose.
Draft a pet trust
You might also consider establishing a pet trust. It’s legal in all 50 states plus Washington, D.C. These trusts come at a cost, but they offer several advantages over other arrangements.
For example, a pet trust allows you to leave money that the named caregiver is required to use for your pets, to provide specific instructions on how your pets should be cared for, and to provide for the care of your pets during your life in the event you’re unable to do so. Plus, if necessary, your representative can go to court to enforce the terms of the trust.
Turn to us for help
Ultimately, including your pet in your estate plan gives you peace of mind and ensures that your beloved companion won’t be left to chance. Your estate planning attorney can help you incorporate these provisions into your estate plan in a way that aligns with your overall goals.
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