Pet Trust

A pet trust is a legal instrument that you can create to provide care for a pet after your death or in the event of your disability. In other words, with a pet trust you can leave money to be used for the care of your dog or other animal.

How a Pet Trust Works

To create a pet trust, you (the “Settlor”) give your pet and enough money or other property to a trusted person (the “trustee”) who is under a duty to make arrangements for the proper care of your pet according to your instructions.

In addition to naming a trustee, your pet trust will name a pet caregiver who will take possession of the pet and use the money you transferred to the trust to pay for your pet’s expenses.

The trustee and caregiver may be the same person.

Ideally you should name at least one, preferably two or three, alternate caregivers in case your first choice is unable or unwilling to serve as your pet’s caregiver.

Additionally, you may name a Trust Protector — someone to enforce the terms of the trust.

The trust ends when the last surviving animal dies.

One feature of a pet trust is that it can take effect before your death, if necessary (for instance, if you were to become incapacitated and unable to care for your dog). The provisions in a will, in contrast, don’t have any legal effect until your death.

How much money do I need to put into a pet trust?

You should consider many factors in deciding how much money to transfer to your pet trust.

These factors include the type of animal, the animal’s life expectancy, the standard of living you wish to provide for the animal, the need for potentially expensive medical treatment, and whether the trustee is to be paid for his or her services.

What types of instructions should I include in my pet trust regarding the care of my pet?

Pet trusts tend to be incredibly detailed when it comes to instructions for the caregiver. Some examples of the types of instructions you may wish to provide are:

a)       Food and diet.

b)       Daily routines.

c)       Toys.

d)       Crates.

e)       Grooming.

f)        Socialization.

g)       Medical care, including preferred veterinarian.

h)       Compensation, if any, for the caregiver.

i)        Method the caregiver must use to document expenditures for reimbursement.

j)        Whether the trust will pay for liability insurance in case the animal bites or otherwise injures someone.

k)       How the trustee is to monitor caregiver’s services.

l)        How to identify the animal.

m)     Disposition of the pet’s remains, e.g., burial, cremation, memorial, etc.

Who should be the trustee of my pet trust?

The trustee is typically either a company or a family member or other individual you trust to manage your property prudently and make sure the beneficiary is doing a good job taking care of your pet.

If you do name an individual, you should name at least one, and preferably two or three, alternate trustees in case your first choice is unable or unwilling to serve as a trustee.

What happens to the money remaining in the trust when my pet dies?

You should name a “remainder beneficiary” — a person or organization to receive any remaining trust property after your pet dies.

What happens if the trust runs out of money before my pet dies?

If no money remains in the trust, the trustee will not be able to pay for your pet’s care.

Perhaps the caregiver will continue to do with his or her own funds.

If the caregiver is unwilling or unable to do so, you should indicate in your trust the person or organization to whom you would like to donate your pet.