Our pets aren't just animals (or just "property" as the law considers them) - they are part of the family. Our house is filled with the constant patter of our puppy patrolling from corner to corner, and our cat keeps a watchful eye on the comings and goings of her canine sibling.
When it comes to your estate plan, one of the key members of your family that often gets overlooked is your pets. Just as you want to make sure you have a guardian in place for your children if you pass away, you can also provide for a guardian and a plan for your pets as well.
If you don’t have a clear plan in place, your pets could face uncertain futures. Sadly, many animals end up in shelters or with caretakers who aren’t equipped (or willing) to give them the life you intended. But your pets don't need to end up in a shelter, you can protect them and provide a plan for them by using a pet trust.
Why Planning for Your Pet Matters
If you pass away unexpectedly, your family are likely going to be grieving and decisions need to be made quickly. While there will be lots of things to be taken care of, your pets may not be top of the list (although they are one of the first items that I encourage personal representatives to handle in their checklist). But if you don't have a plan in place, which includes instructions for your pets:
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Pets may be sent to a shelter.
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The wrong person may assume responsibility.
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Care standards (diet, vet care, living environment) may fall short.
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Your pet’s future could be left to chance.
By planning ahead, you can provide your pet with security, stability, and the kind of loving environment you know they deserve.
What Is a Pet Trust?
If you'd like to provide for your furry family members, the most common way to incorporate them into your estate plan is to use a pet trust, which will create a plan for:
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Who will care for your pet
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How your pet’s care will be funded
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Specific instructions about your pet’s needs and lifestyle
Unlike simply leaving a pet to someone in a will (which can be delayed through probate and isn’t always enforceable), a pet trust can activate immediately upon your death or disability and gives a trustee the legal obligation to carry out your wishes.
Minnesota law (and many other states) specifically recognizes pet trusts, meaning they are valid and enforceable as long as they are properly drafted.
How to Set up a Pet Trust
There are three main steps for setting up your pet trust:
- Naming a Caregiver: You’ll designate a person (or organization) who will have physical custody of your pet and will be responsible for their daily care. Ideally, this should be someone you trust — and someone willing to take on the responsibility.
- Appointing a Trustee: The trustee manages the money you set aside for the pet’s care. This could be the same person as the caregiver, but it’s often better to have a separate trustee to avoid conflicts of interest.
- Funding the Trust: You’ll decide how much money to leave for your pet’s ongoing needs, including:
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Food
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Veterinary care
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Grooming
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Boarding or pet-sitting services
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Toys, treats, and enrichment activities
You can calculate this by estimating your pet’s annual expenses and multiplying by their estimated remaining lifespan — with a little extra cushion for emergencies.
Pet Care Instructions
When you are creating instructions for your trustee, you can be as detailed or general as you like. Some owners include things like:
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Preferred vet clinics
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Dietary needs
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Exercise routines
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Favorite toys
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End-of-life instructions (such as when and how euthanasia decisions should be made)
The more detailed, the better — it ensures your pet’s new caregiver understands and follows your wishes.
Key Decisions When Setting Up a Pet Trust
There are a variety of decisions you'll need to make. Some common decisions include:
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Successor caregivers: What if your first choice can’t take the pet?
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Remaining funds: If there’s money left after your pet passes away, where should it go? (Often, owners leave it to a favorite animal charity or back to their general estate.)
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Oversight: Should a third party check in on the caregiver and trustee periodically?
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Type of trust: Will it be part of your broader estate plan, or a standalone trust?
Taking the time to think through these questions ensures that your pet — and your assets — are cared for exactly how you want.
Nuts and Bolts of a Pet Trust
Working with your attorney can be the key to making sure your pet trust is valid, enforceable, and customized to your situation. Here’s a simple action plan for you:
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List your pets and basic information about them.
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Identify caregivers and trustees (plus backups).
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Estimate the cost of care over the pet’s lifetime.
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Document your care instructions as clearly as possible.
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Meet with an estate planning attorney to draft and execute the trust.
If you already have an estate plan, your attorney can usually incorporate the pet trust into it. If not, it’s a perfect reason to start.
Your pets are loyal, loving members of your family. By setting up a pet trust, you give them the gift of continuity, comfort, and care — even when you’re no longer around to provide it yourself.
It’s one of the most compassionate and responsible steps you can take as a pet owner — and one that will bring you tremendous peace of mind.
Need Help With Your Pet Trust?
If you've got an estate plan with a pet trust that needs to be updated or managed, or if you don't already have a pet trust and you're interested in creating one, let's schedule a Legal Strategy Session online or by calling my Edina, Minnesota office at (612) 294-6982 or my New York City office at (646) 847-3560. My office will be happy to find a convenient time for us to have a phone call to review the best options and next steps for you to work with an estate planning attorney.
