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Ensuring Your Pet’s Future: The Pet Trust

Pet owners consider their beloved animals as friends, companions and possibly another member of the family. However, the law sees them only as property and without proper planning a pet may be unwittingly destined to suffer and live out the rest of its life without the care it is accustomed to because its owner was not aware or informed enough to create a plan . Many times a pet owner will entrust their animal to a close friend or family member, but there are many reasons the owner’s wishes will not come true. Many times the new pet sitter may not be able to keep the pet due to allergies, lack of time, conflict with other pets, or a ban from the apartment management for pets. A pet owner’s only reassurance is to draw up legally enforceable documents that will guarantee the pets future.

Many pet owners believe that by declaring their pet’s care instructions they are guaranteeing their pets’ future. They are wrong. Wills are effective after death and are intended to distribute property and leave no permanent instructions on how to care for the property. For example, Jerry takes the cat and the car. A will cannot force Jerry to tune up the car every few months. Likewise, a will cannot compel Jerry to take care of the cat in any particular way. In addition, a will does not allow for the care of the pet in the event of the owner’s incapacity. A will cannot address the possibility that the pet may need to be cared for during the owner’s lifetime.

Trusts for the care of an animal, or “pet trusts,” are recognized in 40 states and, unlike a will, provide many protections and advantages. First, the trust is valid during the life of the pet owner and after their death. Pet trusts usually terminate upon the death of the animal, or if there are provisions for more than one animal, upon the death of the last surviving animal. Second, pet trusts can control the disbursement of funds to the new caregiver. Detailed instructions can be left with provisions as to how any remaining funds are to be used or spent for the purposes of the pet’s care. Finally, a pet trust can provide instructions for the care of your pet in the event of your incapacity.

Everyone would like to believe that their pet will be well cared for in the unfortunate event of incapacitation or death. No one wants a court to decide their pet’s future and well-being. The best sense of security for anyone is knowing that their family and loved ones are provided for, for a pet owner that includes their pet. Discuss your pet’s future with your attorney so that you can ensure that your pet will receive nothing but the best care, even after you are no longer able to provide it.

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