Securing Your Pet’s Future: The Pet Trust

Pet owners consider their beloved animals friends, companions, and probably a member of the family. However, the law considers them property only, and without proper planning, a pet may be inadvertently destined to suffer and live the rest of its life without the care it is charged with because its owner was unaware or under-advised. to establish a plan. Many times a pet owner will entrust their animal to a close friend or family member, but there are many reasons why the owner’s wishes may not be carried out. Many times, the new pet sitter may not be able to keep the pet due to allergies, lack of time, conflicts with other pets, or apartment management banning pets. The only guarantee of a pet owner is to write legally enforceable documents that guarantee the future of the pet.

Many pet owners believe that by giving care instructions for their pet they are ensuring the pet’s future. You are wrong. Wills are valid after death and their purpose is to distribute property, not to leave instructions on how to care for the property. For example, Jerry gets the cat and the car. A will can’t force Jerry to tune up the car every few months. Likewise, a will cannot force Jerry to care for the cat in any specific way. In addition, a will does not allow for the care of the pet in the event of the owner’s incapacity. A will cannot deal with the possibility that the pet may need to be cared for during the owner’s lifetime.

Animal care trusts or “pet trusts” are recognized in 40 states and, unlike a will, provide many protections and advantages. First, the trust is valid for the life of the pet owner and after the pet owner’s death. Pet trusts generally end upon the death of the animal or, if there are provisions for more than one animal, upon the death of the last surviving animal. Second, pet trusts can control the outlay of funds for the new caretaker. Detailed instructions can be left with provisions on how to use or spend any remaining pet care funds. Finally, a pet trust can provide instructions for the care of your pet in the event of your incapacity.

Everyone would like to believe that their pet will be well cared for in the unfortunate event of disability or death. Nobody wants a court to decide the future and well-being of their pet. The best sense of security for anyone is knowing that your family and loved ones are covered by a pet owner that includes your pet. Discuss your pet’s future with your attorney so that you can ensure that your pet receives only the best care, even after you are no longer able to provide it.