There is something rather remarkable about the relationship we have with our pets. They don’t understand wills, trusts, probate, bank accounts, or estate planning. They don’t know what a Power of Attorney is, and they certainly don’t know who is named as Executor of our estate. What they do know is us.
They trust us to come home, to fill the food bowl, open the door, take them for a walk, scratch behind the ears, and somehow know when something isn’t quite right. In return, they give us something increasingly rare in this world: unconditional loyalty. But there is one question our pets cannot ask us: What happens to me if something happens to you? For many pet owners—especially older adults—that is a question worth answering.
“My Children Will Take the Dog”
I have heard this many times in estate planning: “My daughter will take him,” “My neighbor loves my cat,” or “My son knows what to do.” Perhaps they will. But there is often a gap between what everyone assumes today and what actually happens years later. Your daughter may move into a place that doesn’t allow pets, your neighbor’s health may change, or your son may already have two dogs that don’t welcome a third.
Even when someone is willing to take your pet, another question arises: Who will pay for its care? Food is only part of it. Veterinary bills, medications, grooming, boarding, and emergency care can become expensive. This is where a pet trust can become an important part of an estate plan.
Pet Trusts Are Recognized in All States
All fifty states allow some form of pet trust, meaning you can legally set aside money for the care of one or more pets that are alive when the trust is created. The trust continues until the animal dies—or, if multiple animals are included, until the last surviving animal passes.
This allows you to do more than simply say, “Please take care of Max.” You can create a legal structure that identifies the pet, names the caregiver and backup caregiver, appoints someone to manage the funds, and sets out instructions for care and spending.
A pet trust can address who will care for the animal, what funds are available for food, veterinary care, medications, grooming, and other needs, whether major medical procedures are authorized, where the pet will live, and any routines or preferences that matter to its well-being. It can also specify what happens to any remaining funds after the pet dies.
Many states require that trust funds be used only for the designated animal, and some allow a person to enforce that requirement. Courts also have the ability to reduce excessive funding if more money is placed in the trust than is reasonably needed for the pet’s care.
How Much Should You Leave?
Probably not $12 million. That was the famously reported amount left for a Maltese named Trouble, later reduced by a court. For most people, the approach should be far more practical.
You should consider the pet’s age, life expectancy, routine annual costs, veterinary care, medications, grooming, and the possibility of emergencies, then add a reasonable cushion. A young standard poodle and a senior cat will have very different needs.
The goal is not to make your pet wealthy. The goal is to make sure your pet is cared for.
The Forgotten Part of Estate Planning
Estate planning usually focuses on spouses, children, grandchildren, property, and finances. But often there is another family member quietly sitting under the desk during all of this planning—one who cannot speak for itself and cannot make arrangements for the future.
For older pet owners especially, planning ahead can provide peace of mind that a beloved companion will not become an afterthought or an unintended burden. A pet trust is not necessary for everyone, and sometimes a simple family arrangement is enough. But when there is uncertainty about who will take the pet or how its care will be funded, a trust can provide clarity and security.
We spend their entire lives asking them to trust us. One of the last things we can do in return is make sure that trust is honored.
They trust us. We should plan accordingly.
Be Educated! Be Proactive!
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