Who Will Care for Your Pets If You Can't?

In rescue, we've seen it time and time again: someone dies, and the pets they loved are suddenly left with nowhere to go. Too often, those beloved animals end up in an overcrowded shelter, or worse.

We plan for our pets every day: their food, veterinary care, medications, exercise and comfort. But have you planned for who will care for them when you're gone?

In California, pets are generally treated as personal property for estate-planning purposes. That means your estate plan can, and should, address what happens to them.

Step 1: Will or Living Trust?

Your overall estate plan may involve a Will, a Living Trust, or both, depending on your circumstances. The first step in planning for your pets is determining which tool you need.

If you own real estate, a Living Trust is often an important tool for transferring your assets while avoiding probate. If you don't own real estate and have a relatively simple estate, a Will may be sufficient for your needs.

Either way, don't forget to plan for your pets.

Option 1: Name a Pet Caregiver

Choose someone you trust to take your pets if you die.

Name a backup, too. Circumstances change, and your first choice may eventually be unable to help.

Most importantly: talk to them now. Don't surprise someone with a dog in your estate plan!

Your caregiver could even be a rescue or other organization, but only if you've made arrangements with that organization in advance. Some rescues may agree to accept and rehome pets after an owner's death, sometimes in connection with a charitable gift.

Option 2: Caregiver Plus a Cash Gift

You can also provide a financial gift to the person who actually takes your pets. For example, your estate plan might provide that your designated caregiver receives a specified amount if they accept responsibility for your pets.

One important consideration: once an outright cash gift belongs to the caregiver, you generally lose control over exactly how that money is spent.

For a modest amount, that may be perfectly acceptable. But what if you want to leave a significant amount for your pets, and want greater assurance that it will actually be used for them?

Option 3: Create a Pet Trust

A Pet Trust allows money to be set aside specifically for the care of your animals. California law expressly recognizes trusts for the care of animals.

Rather than handing a large sum directly to the caregiver, your Living Trust can provide that, after your death, a specified amount is held separately for your pets. You can name:

• A Pet Caregiver, the person who physically cares for your pets.
• A Trustee, a different person who manages the money and makes distributions for your pets' care.

Your caregiver can request funds for things such as veterinary care, food, medications, grooming, boarding and other appropriate expenses.

This creates checks and balances: one person loves and cares for your pets, while another oversees the money you've set aside for them.

When the last covered pet dies, your estate plan can specify who or what organization receives any money remaining in the Pet Trust.

Don't Leave Their Future to Chance

Whether your plan is as simple as naming a trusted friend or as comprehensive as creating a funded Pet Trust, make the decision while you're here to make it.

• Choose your people.
• Talk to them.
• Name backups.
• Put your wishes in writing.
• And make sure someone knows what to do if you don't come home.

They depend on you for everything. Their future shouldn't be the exception.

Want the short version to keep or share? Our Planning for Your Pets resource has the key points at a glance and a printable two-page guide.

This material is provided for general educational purposes only and is not legal advice. Estate-planning laws and individual circumstances vary. Consult with a qualified estate-planning attorney regarding the appropriate plan for you and your pets.

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