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Home » Pet Planning » What is a Pet Trust?

What is a Pet Trust?

November 6, 2015Pet Planning

pet trustContrary to what you may have heard in the media, proper pet estate planning is not as simple as leaving money for your pet in your will.  Even a more detailed pet care provision in a will may not be sufficient to secure your pet’s future after your death.  If you want to be sure that your pet will be cared for properly after your death, or even if you become incapacitated for some reason, a pet trust may be the best choice.

What exactly is a pet trust?

A pet trust is created and operates the same as any other trust.  In its simplest terms, a pet trust provides a sufficient source of income and assets to provide appropriate care for your pet.  The trust agreement includes specific instructions for your pet’s care, including any preferences you or your beloved pet may have.  If you choose, an independent trustee can be appointed to make sure that the terms of the trust are being complied with by your caregiver.

The difference between traditional and statutory pet trusts

There are two types of pet trusts typically used in pet estate planning.  A traditional pet trust, which is effective in every state, regardless of where it was created, is the most common type.  This type of pet trust provides owners the most control over the details of their pet’s future care.

On the other hand, a statutory pet trust is a very basic pet plan, with little detail included.  Instead, the applicable state laws fill in the details.  As such, you can include a simple provision in your will: “I leave $6,000 in trust for the care of my cat, Fluffy.”  This type of trust is recognized in most states.

A pet trust is more reliable than provisions in a will

If you want to be sure your pet is properly cared for after your death, simply mentioning them in your will is not sufficient.  First, pet provisions included in a will are not legally enforceable.  This means that, once your pet is handed over to your chosen caregiver, that’s it.  Your pet becomes the property of the caregiver, to do with whatever he or she pleases.

The only purpose of a will is to distribute property in the manner you indicate.  Therefore, your caregiver is not legally obligated to care for your pet, or to actually use the funds you “left behind” for the benefit of the pet.  To be sure that your desires are met, a pet trust is the best bet.

Wills also result in a delay in providing care after your death

The lack of enforceability of a will is not the only disadvantage.  When pet care provisions are included in a will, those terms cannot be carried out until the will has gone through the probate process, which can last months, if not years, depending on the nature of your estate.  The consequence is that your pet may not be cared for until probate has been closed and your estate has been settled.

Also, if you become incapacitated for some reason, before your death, pet care provisions included in a will do not become effective.  However, with a pet trust, you can include terms that take effect upon your incapacity.

If you have questions regarding pet trusts, or any other pet estate planning needs, please contact the Schomer Law Group either online or by calling us at (310) 337-7696.

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Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
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