How to Provide for Pets After You’re Gone
Your pets are a part of your family. That’s why it’s so important to ensure that they’re also taken care of after you’re no longer here. However, by law, pets are considered property, and you can’t use your will to leave them an inheritance like you can for your children. Instead, here are the steps you can take to provide for your pets’ care when you make a will:
Include a pet clause
Pets are seen as property under the law, so they’re a part of your estate, just like any property you own. Because of this, you can use your will to leave them as a gift to someone. To do this, you will list the recipient as a beneficiary in your will and name the pet as what they’ll receive. The person you entrust with your pet is called a pet guardian or caregiver and they can then legally take over your pet’s care permanently.
When listing your pets in your will, be specific — especially if you own more than one animal. For example, instead of writing “my dog goes to my sister,” write your dog’s name and breed and use your sister’s full legal name. This will help reduce any confusion and provide proper details to ensure a seamless transition.
Choose a pet guardian
When deciding on a guardian for your pets, choose someone you know and trust. You’ll want to pick someone who will love and provide for your pets like you would, so ideally this person will be someone close to you. This person will become your pet’s new owner and will be responsible for providing food, shelter, care, and love.
Becoming a pet guardian is a big responsibility, so make sure your chosen person is ready for that! If you have several pets, think about whether you want one person to care for all of them or if you want to send them to separate homes. If there’s no one in your life you trust to look after your pets, you may consider naming a specific local shelter or rescue group as their beneficiary — just make sure you clear it with the organization first and consider leaving them a donation to help.
If you have especially complicated pet care wishes, you might want to speak to an attorney to make sure they’re carried out.
Leave money to your pets
Since your pets are considered property, you can’t leave them money directly. However, if you name a pet guardian for them, you can leave money and property to that person.
However, your pet guardian isn’t legally required to honor your will’s requests. That makes it especially important that you leave your pet with someone you trust to follow your wishes.
If you want to set aside money for your pet’s care with a legally binding obligation that it’s used only for your pet’s benefit, then you should speak to an estate planning attorney. They can help you establish a pet trust.
Give instructions to your pet guardian
When you make a will, you can include requests that describe the care you want for your pets. For example, you can request that your pet guardian take your dog to the vet twice a year, walk them daily, or only feed him organic food. These requests aren’t legally binding, so make sure you choose a pet guardian that you trust to follow them.
Set up a pet trust
A pet trust lets you leave money and instructions specifically for your pet’s care. You’ll likely want to speak with an estate planning attorney, who can help you create the documents you’ll need to do so.
When you set up a pet trust, you’ll name a trustee, likely your pet’s new guardian. They will also be given the legal authority to manage your trust after you pass. Based on this trust, they may also be able to take care of your pet if you fall ill and can no longer do so. The trustee you decide on is obligated to use the money you’ve left in the trust for your pet’s care, according to your instructions.
When deciding how much money to allocate to a pet trust, consider your pet’s life expectancy, their expenses, and their likelihood of developing health issues. Whatever you choose to allocate should be within the realm of possibility for what your pet might need for their care.
Add any new pets to your will
You should update your will every few years or after any big life events, like getting married or having a child. When you update your will, you should include your new pets and name any new pet guardians.
What happens to your pet when you die?
There are a few scenarios that could take place for your pet when you die:
- If you have a will with pet care directives or a pet trust, your pet should go to the pet guardian you named.
- If you have a will, but it doesn’t mention your pet, then your pet may go to your residuary beneficiary. This is the person you named to receive what’s left of your property after all your other beneficiaries are paid out.
- If you don’t have a will at all when you die, then your property (pets included) is subject to your state’s laws. This means that a local court will appoint someone as the executor of your estate and that person will be responsible for deciding what happens to your pet.
What if you don’t have someone to take your pets after you are gone?
Talk to Frankie about options with Friends of Dogs, a nonprofit she is starting to help protect the pets she has met since starting Working for Wags & Dogs of Tucson. This nonprofit also works in the community to help educate people about proper pet care. For the past two years, Macy and Frankie, have also been visiting area middle schools to teach kids about pet caretaking.
In addition to education, we are creating a place for all clients and friends to have reassurance that your pets will always have a place and people who will care for them.