Estate Planning For Pets

If something happens to you, what will happen to your beloved pet? A Companion Animal Trust Agreement, also known as a "pet trust", is a specific legal arrangement that provides for the care of companion animals in the event the owner dies or becomes incapacitated. Having a legal, enforceable arrangement is best because it ensures that your wishes are followed and your pet is taken care of.

I have a heart for helping people with their legacies.  I have run a successful law center for over two decades helping clients with their legacies and making sure that they have put their legal affairs in order.  As a licensed California probate attorney assisting my clients with estate planning, probate, and trust administration I have seen where legacy planning for pets is necessary to achieve a client’s objectives because they want to provide for their pets.

The state of California enforces gifts of pets and gifts for pets through a Last Will and Testament or a Trust Declaration.  The estate planning required depends on the size of the estate and the needs of the companion animal.  The legacy plan that I prepared for a clients’ tortoise was different than the legacy plan that I prepared for clients who owned 17 horses.

When needed, I assist clients in drafting companion animal provisions to make an outright gift or to provide some other way to care for their pets. It’s not too late to plan now.  Existing estate planning documents can be amended to add these provisions. If a responsible, trustworthy person has agreed to care for your pets, you may decide to make an outright gift of the pet and funds for their care to the proposed caretaker.

I do have to warn my clients that without a plan in place, their pet(s) are more likely to be placed in a shelter than with a family member or neighbor.

Pet owners should consider the following estate planning tips for pets:

First, select a trustee and primary and secondary caretaker for your pet. Factors you should consider include the kind of animal; its life expectancy; the standard of living you want to provide; and the size of your estate. If there is no family member or close friend you wish to designate as the caregiver, you can name an organization.

Second, identify your pet(s) in a way to prevent fraud. You should provide a photo of each pet to assist your executor or trustee in identifying them.

Third, put your pet care instructions in writing. This includes food preferences and exercise routines and favorite treats and toys. Be sure to note any health problems, medications, or treatments and list your current veterinarian.

Fourth, provide the funding needed to administer the trust, sufficient resources to cover pet care expenses, and specify how funds are to be distributed. Specify how any funds remaining after the death of your pet(s) should be distributed.

Fifth, provide for the final disposition of your pet(s).

Legacy planning for your pet's care does not do any good if no one knows what provisions you have made. Keep the information with you, just as you do with identification, medical conditions, and emergency contact information. For example, if you are in a car accident it will be easy to determine that you have a companion animal at home that needs care. Keep the information posted visibly in your home as well, along with a set of care instructions.