Protect Your Pet’s Future: Pet Trusts and Estate Planning

​In my community, a sweet Yorkie is now an orphan. She’s in our local animal shelter until a new home can be found for her. Her owner passed away unexpectedly and left no instructions for her dog’s continuing care.

This happened just a few days before I dog-sat for my good friends who went to an out-of-state wedding. At the last minute, they left a scribbled note on the kitchen counter, “To whom it may concern,” specifying their wishes for their dogs should they both die.

It got me thinking about the importance of estate planning for our pets. We go to great lengths to keep our animal companions healthy and happy. Yet many of us fail to consider their welfare if they outlive us. Do we really want our beloved companions landing in a shelter, trembling in apprehension and confusion? Do we want their comfort and sense of security compromised as the people around them – compassionate though they may be – struggle to understand our pet’s cues, quirks, and history?

It’s not fun to think about dying. But it’s also not fun imagining an uncertain future for our pets. Fortunately, we won’t have to do either for long. With a few simple steps, we can protect our pet’s future, and then get on with the joy of sharing a life with them.
Laws pertaining to pets and estate planning vary from state to state, so for the most accurate information, you’ll want to consult with a local attorney. The following information is not intended to be legal advice, but it represents options available in many states.


The Strongest Legal Protection for Your Pet
Creating a pet trust enables a pet owner to leave their pet to an individual who will be legally obligated to care for the pet. If the caretaker does not follow the pet owner’s wishes, the caretaker can be sued.
With a pet trust, a pet owner can also:

• specify how their pet should be cared for if they become incapacitated before dying
• outline specific instructions for how their pet should be cared for
• leave money for their pet’s care, such as food and vet bills
• appoint an individual to go to court and enforce the terms of the trust if the caretaker fails in their obligation
• specify what should be done with any money left over after the pet passes away.

A pet trust is by far the strongest form of legal protection for the care of a pet after its owner dies. It’s the option that requires the most effort on the pet owner’s part, and it can be expensive. However, there are other options.


Legal, But Without Obligation
In their will, a pet owner can name the individual they want to assume the role of caretaker for their pet. The pet owner can also leave money for the pet’s care. But is the named caretaker legally obligated to care for the pet?
Attorney Marc J. Comer says no, at least in his state of New Jersey. “That person (the named caretaker) must be willing to accept the pet at the appropriate time. The same idea applies to people. You can identify a guardian to raise your child, but that does not obligate that person to accept the role.”

Comer also warns that someone who verbally states their willingness to care for a pet after the owner dies may still end up refusing the pet. “Circumstances of that person’s life may have changed, making it impractical for them to ‘adopt’ the pet,” says Comer.
What happens if an individual is granted a pet in the pet owner’s will, but then after the owner’s death, is unable or unwilling to take on that caretaking role? What happens to the beloved pet? Can the caretaker give the pet away or surrender it to a shelter?

“Not initially,” says Comer. “If the person chooses not to accept the pet, the pet remains in the estate as tangible property and is under control of the executor. However, once someone accepts the pet, then yes, he or she could give it away. If there was a pet trust, the trust funds would follow the animal to its next destination.”

If a pet owner believes that their wishes will be honored by the person to whom they’re willing their pet, this could be a good option.

However, anything can happen, and it’s possible that a named caretaker may not be able to fulfill their promise. That’s why it’s important for pet owners to name a back-up caretaker in their will.


Legally Naming an Organization as Caretaker
If a pet owner finds they have no one to whom they’d entrust the care of their pet, all is not lost. It’s possible for a pet owner to legally will their pet to an organization that specializes in caring for pets whose owners have passed away. Here are a few options. You may also want to contact a local animal rescue for a referral to a program close to home:

• Peace of Mind Dog Rescue
• Pet Peace of Mind
• Hopalong Animal Rescue Pet Survivor Program
• Animal Friends
• 2nd Chance 4 Pets

Planning Without Legal Protection
While making legal arrangements is the safest way for a pet owner to ensure the best care for their pet after they die, there are other, non-legal steps one can take.


If you have a will
It’s important to note that if a pet owner has a will, but leaves no instructions for the care of their pet, the pet will be given to the pet owner’s “residuary beneficiary”. This is the person whom the pet owner names in their will to receive what’s left of their estate after all gifts have been distributed.

Can a pet owner provide instructions for the care of a pet without revising their will? Usually, this can be done by a separate writing. Ask your attorney.
What if the pet owner hasn’t provided instructions for their pet’s care in their will, but they’ve given verbal instructions to their executor?


“Giving oral instructions to the executor does not make those instructions enforceable,” says Comer. “The intent of the testator (the person whose will it is) is demonstrated by what is written in the will, not by what the testator allegedly said. However, if all the parties in interest come to an agreement, the pet can go to the person or organization willing and able to provide the best care.”


If you don’t have a will
If a pet owner dies without leaving a will, all of the pet owner’s property will be distributed according to the laws of their state, through “intestate succession” (more information here). Remember, this includes pets, as pets are considered personal property. The pet owner will have no control over what happens to their pet.

Whether you have a will or not
Here are some smart things a pet owner can do with or without a will:

1. Ask someone you trust to be a temporary caregiver to your pet in case something happens to you. Make arrangements for a back-up, too.
2. Keep contact information for both caregivers in your wallet with a note stating that your pet should be given to them in an emergency.
3. Make sure both of your emergency caregivers know who to contact each other.
4. Make sure your closest family members and friends have contact information for both temporary caregivers.
5. Give each of your emergency caregivers the following:

• Information on any legal arrangements you’ve made for your pet in the event of your death
• Contact information for your vet
• Instructions for feeding, administering medication, and any other important care details
• The names and locations of your pet’s medications
• Keys to your home

We like to say that we’ll love our pets forever. But do we mean their “forever”, or ours?
If our pet’s forever goes on beyond ours, we can ensure that they continue to receive our love even after we’re gone. It takes a little effort, but they’re worth it.

CONTENT WRITER, BARKTIQUE + MEOW

Kim Brittingham

Kim Brittingham is a content writer for Barktique + Meow, animal lover, and history buff residing at the Jersey Shore. She is the author of Read My Hips (Three Rivers Press/Random House, 2011) and Write That Memoir Right Now (Blackstone, 2013). She's a willing servant to a rescued miniature poodle named Clarice.