Money for the care of a beloved pet can be designated through either a will or trust, though attorneys advise that trusts do have some advantages over wills. Trusts can be set up to take effect in the event of a pet owner’s incapacity. On the other hand, wills only come into effect upon the death of the pet owner. Trusts also allow for more detailed and structured plans related to the ongoing care of pets.
Vulnerable To The Unknown
Although data on how many pets are left behind when owners can no longer care for them is hard to verify, the numbers do seem to be rising. Consider for example pets left behind during evacuations in the face of natural disasters, like floods and fires, which have escalated in recent years. As The Columbian reports, the pets of older people tend to be most at risk in the event of death, incapacity, or simply the unknown: “The pets of seniors are often seniors themselves, languishing in shelters or the first to be euthanized after they’re declared unadoptable, Shever said. They’re routinely given up by relatives who can’t take in a dog or cat. The life spans of other pets, such as parrots, are far longer, which sometimes scares off loved ones.”
Having chosen to make a pet a beloved companion in life, it’s best to make sure there is a plan, backed by money, for their continued care. Tight budgets, housing restrictions, and busy lives can make it legitimately difficult for even the kindest neighbor, friend or relation to lean in when caught by surprise. Wilson Law explains that provisions for pets can be made through either a will or trust, and offers these distinctions:
You must decide between a pet trust and a will based on your specific situation and how much control you want over your pet’s future care. A pet trust gives you greater flexibility and ensures that your pet receives care exactly as you wish, with a clear plan for managing the funds set aside for their care. This option works well if you want to provide detailed instructions and ensure proper use of the funds. On the other hand, a pet will is a simpler solution if your estate planning is straightforward and you feel confident that your named caregiver will handle everything according to your wishes without needing additional guidance.
Although any plan for the future of familial pets is better than no plan, establishing a pet trust that details arrangements, and safeguards funds, has several distinct advantages when it comes to ensuring the ongoing well-being of furry friends. When a pet trust is set up, a trust agreement is written to spell out the care plans and assets designated for the pet in the event of the owner’s incapacity or death. Trust agreements also name the trustee appointed to administer the funds placed in the trust, and this individual does not have to be the same person who provides the actual day to day pet care. Rudolph Legal sums up these benefits of a pet trust:
A pet trust is a legally enforceable tool that allows you to name a caregiver, set aside funds, and leave specific instructions for your pet’s care. Unlike a will, a pet trust becomes effective if you become incapacitated or pass away, offering immediate protection and continuity….You decide how much to fund it, who manages it, and what happens to any remaining money after your pet passes. It is a practical solution for anyone who wants to make sure their companion is not left vulnerable or dependent on the goodwill of others.
Pet lovers should understand that absent specific inclusion of pets in estate plans, state laws of intestacy determine “who gets the pet,” in essentially the same way that other personal property is distributed. As estate lawyers at Burns & Levinson point out, intestate law does not guarantee that a pet lands with an owner who is prepared to care for it:
If a pet owner passes away without an estate plan, the pet will be distributed to their “heirs-at-law” or their closest living relatives as determined by a genealogical chart. Even with an estate plan in place, unless there is a specific provision in an estate plan regarding a pet, the pet will be distributed to the person inheriting the decedent’s personal property. If the beneficiaries of the pet owner’s estate plan or heirs of their estate do not want to assume responsibility and care for the pet, it can often end up in the pet being surrendered to a shelter.
Trust and Estate Law Practice?
Clients require your valuable time and expertise, so don’t waste it tracking down court and fiduciary bonds, such as trustee bonds.
At Colonial Surety, attorneys just select the bond needed, send it to clients for payment, and then download, e-file or print the bond.
Speedy, easy court and fiduciary bonds, including trustee bonds and estate bonds, are a few clicks away, right here:
The Partnership Account® for Attorneys.
Colonial Surety Company is rated “A Excellent” by A.M. Best Company, U.S. Treasury listed, and licensed for business everywhere in the USA. Our customers have awarded us a 4.8 Trustpilot score. Whenever and wherever you need a bond, trust Colonial: www.colonialsurety.com