How to Provide for a Dog, Cat, or Other Pet in a Will or Trust

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If you're a pet owner, it's possible that your furry friend may outlive you. And in that case, you'd want them to have a comfortable place to land. Adding a pet clause to your will is one way to ensure your pet will be looked after. However, it may not be enough to provide you with complete peace of mind.

Because pets are considered personal property, you may also want to create a trust to hold assets to support your pet. If you want to include your furry family member in your will or a pet trust, it's best to consult an attorney with estate planning expertise in your state. Here's a guide to providing for your pet in a will and/or trust.

What happens to a pet when an owner dies?

When a pet owner passes away, their pet's fate often depends on what provisions have been made in advance. Sometimes, the arrangements are informal, with a friend or relative agreeing to step in to care for the pet. But without legal directives, a pet's future without their owner can be uncertain. They could end up in a shelter, where the options are often being adopted or euthanized.

Can I include my dog or cat in my will?

Yes, you can include any pet in your will. A will can name a primary caregiver for your pet and even secondary caregivers as backups. A will can also enable you to make directives regarding how you want any money or other resources left for the care of your pet to be used.

Can you leave an inheritance for your dog or cat?

The law classifies pets as property. Since property cannot own property, you won't be able to leave your furry friend any money or assets, like a home.

You'll need to assign any money or resources for your pet's care to their designated primary caregiver or a trust. You can also name an executor of your will (who may be a different person than the primary caregiver) to ensure your instructions are carried out.

If you don't have someone you can designate as a caregiver, the Animal Legal Defense Fund recommends instructing your executor to find a well-regarded organization to locate a home for your furry family member.

What is a pet clause in a will?

A pet clause in a will declares the person you want to be your pet's primary caregiver or guardian. This is also known as power of attorney (POA) for pet care.

Because pets are legally considered property, you will name the individual to whom you are entrusting your pet. It's vital to be clear and precise about this information.

In the clause, you'll want to list the caregiver's full legal name and your pet's information, including their name and breed. You may also want to list an alternate caretaker you want to step in if your primary person is unable to fulfill your wishes.

As mentioned earlier, you can also name an executor in your will who can help carry out requests like:

• Locating temporary care for your pet upon your death

• Finding a replacement caregiver if needed

• Distributing funds you've set aside

When putting together a pet clause in a will, it's best to consult a skilled lawyer to help you craft the necessary language.

Considerations when adding your dog or cat to your will

Here are some issues to consider when writing your pet into your will:

• The caregiver will be the beneficiary of any funds you put aside for your pet's care. But that person is not obligated to use the money for your pet.

• Additionally, your caregiver can decide they no longer want to take care of your pet and surrender them to a shelter or another home. This is why selecting individuals you trust to carry out your wishes is crucial.

It's also important to note that your will is only effective upon your death. Because wills are subject to probate, your wishes may not be recognized by a court immediately. If there's a legal dispute about your will, it could be days or weeks before your estate is settled. And a delay in your wishes being carried out could affect your pet's well-being.

Other documents, like a trust, can offer stronger legal protections for your pet's future without you.

What provisions can't be made in a will for a pet?

Some people may want their pet to be euthanized upon their death. But the Animal Legal Defense Fund and the Humane Society of the United States have noted that this provision is typically not honored in court or is invalidated, especially when the pet is healthy and/or there are other options available for rehoming the animal.

Can an organization rehome your pet when you die?

Yes, you can designate your pet's care to a reputable organization who can care for or rehome your pet. For example, you may want to request that an organization fill this role if your primary caregiver or alternate cannot.

If you have a dog or a cat, there are pet retirement homes that may be able to provide care for them. Some might even care for or rehome other types of animals, such as horses. You can visit these sanctuaries before including them as options in your will. But be aware that these organizations may reach capacity at any time, so their acceptance of your pet is not guaranteed.

There are facilities like the Texas A&M Stevenson Companion Animal Life-Care Center that accept certain types of animals when their owners die or can no longer care for them. Pet Peace of Mind is a national program that places animals after their owners pass away.

What is a pet trust?

While a will can outline your wishes upon your death, it has limitations. A pet trust can provide for your pet immediately if you are incapacitated or deceased to prevent gaps in care. All 50 states and the District of Columbia have pet trust laws.

A pet trust offers you additional security by making any directives you include for your pet legally binding. For example, if a caretaker fails to follow your wishes, they can be sued.

The chart below explains the differences between adding your pet to your will and having a pet trust.

Wills vs. Trusts for Pet Care

A pet trust names someone as a trustee of the assets that will go toward the care of your pet. A pet trust also can designate someone as the animal's caregiver. While the pet's caregiver and trustee can be the same person, it's typically better to pick different people for the roles. The trustee ensures the provisions you've made are appropriately carried out by the caregiver.

In a pet trust, you can be very specific about how you want your pet cared for. You can outline wishes regarding:

• The type of food you want your pet to be fed

• The type and frequency of exercise and recreational activities they should have

• Their veterinary care, such as how often you want them to have checkups and dental cleanings

• Their living environment

A pet trust can specify that if your pet's caretaker doesn't follow your wishes, the money in the trust can be returned to your estate. You'll also want to specify who you want to receive any money that's left over when your pet dies.

Like with a will, it's best to hire a reputable estate planning attorney to set up a pet trust. If you don't want to hire an attorney, there is a simple, legally enforceable contract called a pet protection plan, or a pet protection agreement, that you can look into instead. This check-the-box, fill-in-the-blank agreement is between at least two individuals or entities - a pet parent and a pet guardian - and is less formal than a pet trust.

Frequently asked questions

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