Estate Planning for your Pets

You cannot leave money or other kinds of property to your pet. The law says animals are property, and one piece of property cannot own another piece of property. However, you can plan to make sure that your pet has a good life after you die. Use your estate plan to make sure that:

1. Your pet goes to a caring person or organization, and

2. The new caretaker has the resources to take good care of him or her.

When planning for your pet's life after your death, you have a range of options—from making a simple, non-legal arrangement to making a complex trust to leaving your pet with an organization dedicated to taking care of pets after an owner's death.

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To make any of these arrangements, find a trusted person or organization to care for your pet. And that person or organization needs to be willing to do it. So no matter which option you choose, have a candid conversation with your pet's potential caretaker about how to care for your pet and how expenses will be met.

Pets in Your Will

Again, you cannot use your will to leave money or property to your pet. If you try, that money or property will be included in your residuary estate; see "What If I Don't Make a Plan," below.

However, you can use your will or living trust to leave your pet—and money to care for it—to a trusted caretaker or organization. It's also a beneficial idea to name (and talk to) an alternate caretaker, in case your first choice cannot do the job.

Pet Trusts

A stronger, more complicated, and more expensive legal option is to make a pet trust. With a pet trust you can leave your pet, money, and a legal obligation to care for your pet. If the caretaker fails to follow your instructions, he or she can be sued.

In your trust document, you:

• State pets are covered.

• Name a caretaker.

• Leave an amount of money to be used for pet care.

• Describe how the pet should be cared for.

• Designate an individual to represent the trust in court and ensure its terms are upheld, if needed.

• State what should be done with any money that's left over when the animal dies.

• Describe how your pet should be cared for if you can't take care of him or her before your death.

Advantages to Using a Pet Trust

Pet trusts:

1. create a legal obligation to care for your pet (as you describe),

2. provide accountability for the money that you leave to the caretaker, and

3. allow you to set up a caretaking plan that will take effect if you become incapacitated.

Disadvantages to Using a Pet Trust

Pet trusts are:

1. expensive,

2. inflexible if circumstances change after your death, and

3. likely to take more planning and structure than you need if you trust your named caretaker.

Non-Legal Arrangements

The easiest and most flexible arrangement for your pet does not require formal legalities. If youtrust your executor and the person who will care for your pet, and you know no one else will claim your pet, just tell your executor who should care for your pet when you die. AAs long as everyone involved agrees, your pet can go to your chosen caretaker without any issues. HHowever, if there is any possibility of disagreement regarding the ownership of your pet, it is advisable to create a legal arrangement in your will or establish a pet trust.

If you don't make arrangements for your pet in your estate plan, who will get them depends on the other arrangements you've made or have not made. If you have made a will, your pet will go to your residuary beneficiary—that is, the person you've named to get the remainder of your estate after any specific gifts have been doled out. If you die without a will, your state will decide who gets your property, including your pet.

Every year, shelters euthanize thousands of dogs and cats due to the death of their guardian. Please make sure to designate a guardian for your animals. Accidents and illness can happen at any time and at any age. Ensure your animal is protected for the rest of their life. If you cannot find a guardian, you can consider Albert's Dog Lounge.

We home foster our rescues and provide sanctuary to over 400 dogs year-round. We take excellent care of our rescues for life, just as we do for our own beloved pets, and we would offer the same loving care for your pet if you choose to make Albert's Dog Lounge their guardian. We will take care of your pet until we find him or her a loving family home for life, like our pets (adoption match, interview, and home visit). We provide lifelong support and accept returns, or your pet can stay with us in a sanctuary foster home.