We recognize that pets are members of the household, so it’s essential to arrange for their care after an owner’s death.
Although it’s difficult to contemplate, preparing ahead will give you reassurance that your pet will continue to receive the same loving attention it enjoys now.
There are both informal and formal ways to plan, each with distinct advantages and limitations. Legally appointing someone with authority over your pet’s care is one method to provide for your companion after you’re gone. We outline those options below, including practical steps you can take to protect your pet legally.
Can I Leave Money Directly to My Pet?
In short: no, you can’t give funds directly to an animal. The encouraging news is that you can arrange for your pet’s care by naming a caregiver and leaving funds to that person or an organization through a will or trust specifically for your pet’s needs.
The primary approaches to planning pet care after an owner’s death are informal, verbal agreements and formal, written documents. First, let’s review how to select a caregiver for your pet.
Selecting a Pet Caregiver
This may be one of the toughest parts because thinking about what happens to your pet after you die can be emotional. It’s also a weighty decision since you’ll want someone you deeply trust to look after your pet. If you already have pet insurance for medical issues, this is the next layer of responsible planning.
If you own multiple animals, you can leave them all to the same person or divide them among different people. Naming multiple caregivers works well if you suspect one person cannot or will not manage several pets.
You can pick anyone — a relative, close friend, colleague or other family member. Ideally choose someone who has spent time with your pet, loves animals, or has previous pet-care experience. Even if you have a top choice, identify several backups and confirm they accept the responsibility.
Choose carefully: the person you name will be responsible for your pet’s daily needs and major medical decisions. You want someone you trust to act in your pet’s best interest.
Also consider naming a temporary caregiver to cover gaps if your primary designee is unavailable when you pass. For example, if your aunt is traveling when you die, a pre-appointed temporary caregiver — like your brother — can look after your pet until she returns.
What If I Can’t Find an Appropriate Caregiver?
Finding someone willing to assume long-term responsibility for a pet after an owner’s death can be challenging. Shelters such as the Humane Society will sometimes accept pets, but they may lack space and can’t promise adoption. If you pursue this avenue, you’ll likely need to contact a no-kill shelter.
There are organizations around the country that specialize in taking in pets when owners can no longer care for them. These groups usually request a donation earmarked for your pet’s care. Examples include the Perpetual Pet Care Program, Pet Peace of Mind, and Peace of Mind Dog Rescue.
Do your homework to make sure the organization is reputable and determine how much you should donate. You’ll also need to arrange temporary care for your pet until the organization can take them in.
Should I Use Formal or Informal Arrangements?
The key distinction is that informal plans are verbal, while formal plans are documented in writing, often as part of estate planning (details below).
A written plan lets you name a caregiver and include explicit instructions on how funds should be used for your pet’s upkeep. You might hire an attorney to draft the paperwork, or use one of the many online templates available.
Informal agreements can be sufficient if you trust the designated caretaker and have communicated your intentions clearly. That could include staying in regular contact and confirming they still agree to the arrangement.
The drawback with informal plans is that money left in a will could be spent by the caretaker for other purposes, since there’s no enforceable instruction. Neither approach is universally superior; the important thing is understanding the steps required to make sure your wishes are followed.
Picking the Appropriate Legal Document
If you opt for estate planning documents, common choices are a will or a pet trust. In a will, you can name someone as the new owner and leave money to them for your pet’s care. This makes that person the legal owner and provides them with funds intended for the animal.
However, a will cannot enforce how the money is used: the person receiving the funds could theoretically spend them on other things. You can include nonbinding instructions about caring for your pet, but they may not be legally required to comply. Such guidance can explain how much should go toward specific expenses or how to temporarily care for your pet while awaiting transfer to a permanent caregiver.
Contested wills can take weeks or longer to resolve, during which time your pet might not be in the care of the intended person and funds may not be accessible.
Think About a Pet Trust
A pet trust is a specialized estate planning tool that creates enforceable obligations for your caregiver. You name the caregiver as trustee, provide written instructions for your pet’s care, and place funds in the trust explicitly for that purpose. A pet trust is set up alongside your will.
When you die or become incapacitated, the trustee is legally required to follow the trust’s terms. Because the assets in the trust don’t have to go through probate, the instructions can be implemented immediately instead of being delayed or disputed.
Whichever arrangement you choose, it’s wise to consult an estate attorney or other legal professional to ensure you make the best decision for your pet.
Contributor Michael Tran is a personal finance writer based in Jacksonville, Florida, focusing on housing, insurance, banking, loans and credit. He hosts the Buzzsprout and Beyond the Dollar podcasts.
