Legal Ways to Take Care of Your Pet After You Pass Away

By Taylor McKnight
Guest Blogger | Digital PR Specialist representing  BD&J Injury Lawyers

Most people think of their pets as more than a best friend or companion. They're more like a family member or a child. Have you considered what would happen if your pet outlives you? You may have a family member who you trust to take over, but their life situation could change that. No matter your age, no one is guaranteed the promise of tomorrow. And some pets like horses and donkeys, have a life span of 30-40 years, while some exotic birds may live to be 80. This article covers the legal ways to take care of your pet after you pass away, You'll have peace of mind knowing your loving, trusting pet will have a secure home when you're gone. Image Source: https://www.pexels.com/photo/woman-sitting-with-dog-in-central-park-winter-scene-29078880/

A Will or Living Trust

Using a will or living trust is a simple way to ensure your pet is cared for when you no longer can. Provisions can be made in these documents to name a caretaker you trust, along with money for their needs.

You can't leave money directly in a will to a pet. As the pet's new owner, they're not legally obligated to use the money for your pet and are free to spend it at their will. So, if you use this method, make sure it's someone you trust not to abandon your pet for a new car or vacation.

In a separate document, list your wishes for your pet's caretaker so they can honor them.

Considerations for Rehoming a Pet

The type of pet you have and the lifestyle of your appointed caretaker are important considerations. Keep in mind that dogs can't be left for long periods and depending on the breed, need room and time for exercise.

Cats are more independent but still need a safe, loving environment. For animals with longer lifespans (horses, exotic birds, tortoises), choose someone who can make the commitment and leave enough provisions to cover their needs long-term.

A Pet Trust

For the best assurance that your pet will be cared for, consider establishing a pet trust. It's a little more involved, but this estate planning tool will provide a legal obligation for your pet's care. As the trustor (or grantor), you will name a trustee in a trust document who will hold funds in a trust designated for the care of your pet. The trust can become effective during your lifetime or after you pass away. The funds are payable to the trustee.

The important difference between a pet trust and a will or living trust is that the trustee is legally sanctioned to use the funds to provide care for your pet. Consult your state laws for more details.

You'll be required to provide documents that identify your pets using photos, DNA samples, or microchips. You'll need to include funds to adequately cover your pet's expenses and a designated beneficiary for any funds that may remain after your pet's death.

Continuous Pet Care Programs

Suppose you don't have anyone willing and able to become a trustee for your pet. Fortunately, organizations have sprung up to ensure all pets can have a home when their owners become incapacitated or pass away. These charitable programs will find a new home for pets while others will provide continuous care for the rest of the pets with a sizable donation. The amount of money you donate should be in proportion to the size, age, and type of your pet.

Some examples of these programs include the Perpetual Pet Care Program at the Kansas State University School of Veterinary Medicine and the Peace of Mind Program at Purdue University's School of Veterinary Medicine.

Euthanization

Should you include having your pet put to sleep in your will? This may make sense if the pet is older, isn't expected to live much longer, or if the trauma of losing you would be too detrimental. If this is the case, make sure to list the details in your will. Explain that you wish to prevent your pet from distress and suffering.

Sometimes courts are reluctant to destroy any kind of property because it goes against public policy to do so. If the executor can find a good home, the court may decide against fulfilling your wishes. Additionally, other beneficiaries in the will may question your motives and argue against your wishes.

If anyone is opposed to the provision in your will, the probate court in charge of administrating your estate will rule on its validity.

Emergency Short-Term Care

Pet owners who are older or chronically ill should have a transition plan in place to care for their pets temporarily. This will allow time for a longer-term plan to be put into place. These arrangements can also be used for pet owners who may require hospitalization but are expected to return home to their loving pets.

Please show us all that you like this article by sharing, commenting, and/or giving this a "LIKE" on Facebook. Photo banner: senior pet parent enjoying time with cat sitting outdoors.