They’re our best friends.  We consider them family.  We take pictures with them.  Include them in special events and take them on family vacations.  But when it comes time to provide for our loved ones upon our incapacity or after our passing, our pets often get overlooked.  While you can’t leave money to your pet, you can make sure that your pet is well cared for after you die. With an estate plan, you can ensure your pet goes to a caring person or organization and that the new caretaker has the resources to take good care of your pet.

Planning for a pet used to be simple because the law didn’t allow you to provide for your pets in your estate documents.  Pets were considered simply personal property, and therefore had the same rights as your television or dining room table.  Due to this categorization, any provision providing specifically for a pet was basically considered “honorary”, and legally not enforceable. No doubt most of us think of our pets more highly than our dining room table, and thankfully California has updated the laws, now allowing enforceable trust provisions, or even better, a separate trust document dedicated to your furry loved one.

Pet owners can now establish an animal care trust which is a legally enforceable trust with which to provide for your domestic pet animal upon your incapacity or death.  Pet trusts can offer pet owners a great deal of flexibility and peace of mind, allowing you to spell out all the specifics for caring for your pet: from the type and amount of food they are to receive, to the amount of exercise and companionship needed.  It is completely customizable to your wishes and your pet’s needs.

A California pet trust is presumed valid if it meets certain legal requirements, which are primarily to ensure that all the money left in trust for the pet is actually used as designated for the pet.

If you don’t make arrangements for your pet in your estate plan, who will get your pet depends on what other arrangements you’ve made, or not made.   If you have a four-legged family member you want to be sure is properly cared for when you are no longer able, get in touch. We’d love to help you plan.