California Pet Trust Attorney

"Can I Put My Dog in My Trust or Will?"

Pet owners in California are now allowed to create a trust for the care of a domesticated pet animal after the owner’s death.  Money cannot be left directly to a pet, and because pets have no legal rights under the law, a human must be put in charge of caring for the pet.  A trust for the care of a pet may be performed by a trustee chosen by the pet owner who will care for the pet over the life of

the animal. 

Appointing a Trustee of The Pet Trust

The first step in planning for the care of your pets is to identify a trusted family member or friend who is willing to assume responsibility for their care.  The easiest way to provide for your pet is to “bequeath” the animal to your selected caretaker. As an incentive, you can leave a sum of money to the caretaker that is conditional upon the caretaker’s willingness to carry out the agreed upon commitment. 

You should also specify the care your pet should receive from the trustee in a separate written document.  It is important to discuss your pet’s health needs, care and routine with your successor caretaker. Once you have found the appropriate person to act as trustee, you should memorialize the agreement for the specifics of your pet’s care in writing. Your estate planning attorney should then document your agreement with the caretaker by referencing it in your will or living trust.  Although your caretaker has no true legal obligation to care for the pet, these trusts are called “honorary trusts” because the caretaker will hopefully feel an increased moral obligation to honor what is otherwise an unenforceable commitment.  Therefore, it is very important to choose your caretaker wisely.

Finding Adequate Care for Your Pet

If you are unable to identify a specific caretaker who will care for your pet, you can instead direct your personal representative to arrange for his or her adoption. You may also give your personal representative the discretion to pay a caretaker a specified sum of money for the pet's care in his or her new home.

If your estate plan includes a continuing trust, you can direct the trustee to reimburse the caretaker on a periodic basis for food and other routine care, and on a case-by-case basis for any extraordinary items (illness, injury, etc.).  Any funds remaining after the pet’s death can then be distributed either to the caretaker or to your other beneficiaries.  The trustee can then monitor the quality of your pet’s care.

Another alternative is to find an organization that will care for your pet after your death. There are organizations such as Society for the Prevention of Cruelty to Animals (SPCA) and the Amanda Foundation in Los Angeles, that will try to arrange for your pet’s adoption.  These organizations appreciate contributions for the cost of the pet’s boarding and care, and of course, charitable donations are tax deductible.

If you are a pet owner and want to establish an honorary trust or otherwise provide for your pet, please call California Pet Trust Attorneys MORTENSEN & REINHEIMER, PC for an appointment at (714) 573-7149 today to assist you in all your estate planning needs regarding your pets.  Our Estate Planning Law Firm is located in the heart of Orange County and we serve clients throughout Southern California including Orange County, Los Angeles Estate Planning, Riverside, San Bernardino and Estate Planning in San Diego County.