Pets and Estate Planning
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Not all that long ago, an estate planning lawyer would have given you an odd look if you had inquired about creating a "pet trust" or otherwise including your animals in your estate planning. But now, if you don't bring it up, your lawyer is likely to. A sizeable percentage of people who go to lawyers about wills and trusts want to take steps to make sure that if their animals outlive them, they will be well taken care of.
It's a reasonable concern. Many animals end up being surrendered to shelters after their owners die, and many of them do not find new homes. Usually, family members want to ensure a better outcome for the animals, but simply may not be able to take care of them or find a suitable home. Especially if the pet is older, ill, or unusual--think of a macaw, which can live to age 80 or above--finding a new home can be very difficult. And the wave of foreclosures in recent years has meant that many families formerly in their own homes are now in rentals, many of which don't allow animals.
Luckily, with some planning, you can provide for your pets, and make sure that they'll always have a home. Here are some of your options.
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Why You Can't Leave Money to a Dog--And What Happens If You Try
A dog, for all its admirable and unique qualities, is not a human being and is not treated in the law as such. —Arrington v. Arrington, 613 S.W.2d 565 (Tex. Ct. Civ. App. 1981). You cannot leave money or other kinds of property to your dog. And it's not just because he can't see over the bank counter
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Strategies for Taking Care of Pets
Animals have these advantages over man: they have no theologians to instruct them, their funerals cost them nothing, and no one starts lawsuits over their wills. — Voltaire Although you can't leave money directly to a dog, there are lots of things you can do to make sure your pets well provided for
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With a pet trust, you can leave money to be used for the care of your dog or other animal.
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Will Provisions That Order Animals Destroyed
Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. —Mark Twain While you're alive, your dog is, legally, your property. Aside from the restrictions of neglect and cruelty laws, you can do almost anything you want with an animal you own: sell it, give it away, or
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Pets cannot own property, so you cannot leave property to your pet. However, you can plan to make sure that your pet has a good life after you die. Use your estate plan to make sure that:
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Who will take care for your pet after you die? Ideally, you know a trusted person who is willing and able to care for your pet when you pass away. If so, talk to that person and make a plan. Learn more about
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How do I provide for my pet's care after I die?
I'm a widow in my late 80s, and have no close relatives. My dearest friend is my golden retriever, who may well outlive me. How do I ensure care of my beloved dog after my death?
More Legal Topics
- Avoiding Family Disputes
- Charitable Gifts and Trusts
- DIY Estate Planning
- Estate Planning: An Overview
- Estates, Executors & Probate Court
- Estate Tax
- Financial Powers of Attorney
- Getting Your Affairs in Order
- Intestate Succession
- Living Trusts
- Living Wills & Medical Powers of Attorney
- Nolo's Online Living Trust Q & A
- Nolo's Online Will Q & A
- Ways to Avoid Probate
- WillMaker
- Wills
- Avoiding Family Disputes
- Charitable Gifts and Trusts
- DIY Estate Planning
- Estate Planning: An Overview
- Estates, Executors & Probate Court
- Estate Tax
- Financial Powers of Attorney
- Getting Your Affairs in Order
- Intestate Succession
- Living Trusts
- Living Wills & Medical Powers of Attorney
- Nolo's Online Living Trust Q & A
- Nolo's Online Will Q & A
- Ways to Avoid Probate
- WillMaker
- Wills
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