Pet Trusts, Wills & After-Death Care

There are a number of methods available to create an estate plan with consideration for the care of your pet.  No matter what formal or informal method you choose, there are five general steps that you should take.

The first step, and usually the most difficult, in planning for the care of your pet is selecting a suitable caretaker – a person or organization that is willing and able to provide the appropriate standard of pet care when you no longer can.

Compiling the information for your designated caretaker or any other person who might have to take care of the pet is absolutely necessary.  This step should involve consideration of both the short-term and long-term care of your pet.

Making your pet accessible to the caretaker is often overlooked. In any case, your caretaker needs to have immediate access to the pet in case of an emergency. This may be accomplished by either providing keys to your home, or how to obtain them. Furthermore, your caretaker should have ready access to any necessary information and documents providing for the care of the pet.

Depending on the circumstances, you may very well want to set aside an amount of care-taking funds necessary to cover expenses for your pet.  In estimating the total amount needed, you should consider the amounts you already expend food, medications, veterinary care, toys, recreation, entertainment, grooming, supplies, cages, boarding, pet-sitting, compensation for the caretaker (beyond reimbursement) and the amount necessary to respectfully dispose of the pet upon its death.  In making a budget, you should also consider the life expectancy of the pet.

There are a variety of legally-enforceable mechanisms that are available for you to provide for the care of your pet when you are no longer able.  The appropriateness of a particular document depends on the circumstances involved and the laws of the jurisdiction where the pet owner and pet reside.

The final step is making your intentions clear, which may involve a formal or informal arrangement with your caretaker or other parties.  Even if you choose not to incur the time or expense of making formal, legal arrangements, you should nonetheless express your intentions for the care of your pet in writing and with sufficient detail utilizing a Pet Protection Agreement.  Doing so will, at very least, provide a contract between you and the caretaker/guardian.

Trusts for Pets

California enacted Probate Code Section 15211 and 15212 in 1991. These sections allow for the creation of trusts intended for the care of domestic animals. Per Probate Code Section 15211, a trust is designed for the care of a pet to be performed by the trustee for no more than 21 years. Probate Code Section 15212 provides for the creation of a trust for the care of a pet for the lifetime of the animal. Accordingly, California pet owners can use these provisions to protect their treasured pet.

~ All animals can be protected from becoming homeless. You can ensure them a secure future. All you have to do is care enough and fill out a Pet Protection Agreement at LegalZoom (many people complete in 15 Minutes) Sample Agreement or Contact Us (below) for Free Access to another Example  ~

Recent reports by The American Pet Products Association (APPA) found that only 9% of individuals with Wills have made provisions for his/her pets which are also considered members of the family. Even though it’s incredibly sad to consider our pets existence without us, address this anxiety before its too late. We provide a path to keep your kitty purring peacefully long after you’re gone.

Historically, pets are deemed property and, as such, aren’t entitled to receive property through probate or trust. However, recognizing that a lot of pet owners desire to guard their pets after their death, the California legislation altered the probate code to permit for trusts dedicated to pets.

Furever Heaven can guide you through the Will or Pet Trust preparation process utilizing appropriate legal language for your State or Municipality, including the documentation we can provide. Furever Heaven is in the process of obtaining it’s 501(c)(3) designation.

Pet owners aren’t allowed to leave money directly to their animals but, you may to a Trusted Designated Guardian.

Realization of this vision is steadily coming to fruition from sales through our local Feline Fit Club activity channels and contributions to our work accelerating Homeless Kitty Adoption.

Pet Guardian Succession Planning:

• Act Now to Avoid Probate
• Designating a Guardian
• Designating a Sanctuary or Charitable Organization
• Determine Appropriate Funds for Care
• Create a Pet Trust (resources available online)