If you love your fur babies as much as we do, then you know protecting them is at the top of your priority list. One of the ways we can protect our pets is through estate planning and ensuring there is continuity of care for them (meaning they are cared for even after your death in a way you want them to be). You can get protection for your pets through estate planning regardless of your age, health, or financial status. It’s simple to do. Let’s dive into the ways you can ensure continuity of care for little Fido.
Understanding your options for your pets
There are basically two options for ensuring your pet is taken care of after you die: a will and/or a trust. Here’s how each works:
Will
You can’t leave money to an animal in a will. However, you can leave your animal to a person and money to that person with the intention of that person using the money for the pet. For example: “I leave my dog, Fluffy, and $10,000 to my best friend, Ashley, with the intention of using the money for Fluffy’s care.”
Trust
Putting a trust into place for your pets is the stronger option because it allows you to place terms and conditions upon the asset distribution, and you’ll likely need to provide such direction for a pet. For example, creating a trust for an animal that directs a caregiver on how to spend the money on the pet and what to do after the pet dies. In addition, some states have specifically allowed for this type of trust by statute. California’s probate code specifically allows people to create a trust for the benefit of an animal. (Cal. Prob. Code § 15212). In a trust created for a pet, you will need to outline, among other things:
- Who is the guardian of the pet
- How your assets should be distributed to the pet
- What happens to your money when the pet dies
- Who will be the trustee (the person who makes sure the caregiver is following the trust terms properly)
Informal agreement
If a will or a trust is not in the cards for you, you can always go the non-legal route and talk to a trusted friend or family member about taking your pet after you die. A lot of times, you can make arrangements for the animal without having to execute formal documents, but of course, there is no guarantee with an arrangement like this.
What to consider when planning for your pets’ care
There are several key considerations you’ll need to think about when planning for your pet’s care after you pass away: selecting a caregiver, providing for your pet financially, and providing detailed instructions on the pet’s care.
Selecting a Caregiver
Think about who you would trust with your pet. Someone who is trustworthy and capable and would want to take this responsibility on. Consider their lifestyle, living situation, and experience with pets. You should also have a plan b. Think of a backup caregiver in case the primary choice is unwilling or unable to fulfill the role once you pass away.
Financial Provisions for Your Pet
You’ll want to consider providing for your pet financially, especially if you’re requesting a friend or family member to take care of your pet. This includes estimating the ongoing costs of pet care (food, vet bills, medicine, potential life-saving surgeries, doggie daycare, grooming, etc.). Make sure to allocate this money to your trust and/or will. Make sure you also detail out how the money should be used.
Detailed Care Instructions
Importance of providing specific guidance on pet care routines, dietary needs, medical conditions, and preferences. * Including information about veterinary records and preferred clinics.
What if I don’t have anyone I know who will be the caregiver of my pet?
If you aren’t sure who would be willing to be a caregiver to your pet after you pass away, you’re not alone. That’s why various programs help re-home the pets of owners who have died. You can Google the various programs that are located in your area to determine what your options are. Some programs offer a forever home on a plot of land where animals can live permanently, and others may assist in re-homing the animal to a new family. You can sign up directly with these services and also outline which program you’d like to take ownership of your pet in your will and/or trust.
What happens to my pet if I don’t have a will or trust in place?
Your assets, including your pet, will be distributed according to your state’s intestate laws. Intestate laws are the laws that say who your property should go to when you die if you don’t have a will or trust. Since most states treat pets as property, they will be distributed in the same way that a lamp or a house would be. Most intestate succession laws say your stuff will first go to your spouse and/or children. If you don’t have a spouse or children, then it usually goes to parents and/or siblings. Again, this all depends on your state’s law. If this isn’t something you want to happen to your pet, then you should definitely get an estate plan or informal arrangement put in place.
The bottom line on caring for pets after you die
So, if you’re a pet parent and want to ensure your pet is taken care of in any scenario, including when you pass away, you may want to consider setting up a will or trust or informal arrangement where your pet is taken care of by a guardian of your choosing. If you don’t have any guardian options, then selecting a program that will take care of your pet is another route you can take. Either way, we applaud you for your love of your fur baby and wish you all the best in your estate planning journey!
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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