Estate Planning for Pets
Law Offices of Daniela Lungu
Have you thought about what would happen to your pet in the event of your death or incapacity? Approximately two-thirds of American households own a pet, and while we have many people in our busy lives, our pets have only us. Pet owners often lament that beloved animal companions don’t live as long as we do, but they still warrant consideration in our estate plans because we don’t know what the future will bring. This is especially true for animals with longer life expectancies or higher care costs, such as dogs, cats, horses, parrots, turtles, and animals with special needs.
Without provisions for your pet in your living trust, in the short term, your pet could go days at home without food and water and could feel panicked, distressed, or abandoned. In the long term, your pet could end up with someone you don’t want them to end up with or at a shelter where he or she could be euthanized.
Contrary to popular belief, informal arrangements are generally not legally enforceable, and simply adding your pet to your will often isn’t enough. Your pet will need care long before your will is probated, and wills offer no ongoing control or oversight for your pet, the caregiver, or funds left for your pet.
“How can you ensure your pet will be cared for? Create a pet trust.”
Our work with animals
As a pet lover and dog owner, working with organizations that continue to advocate for pets and provide support for the pet community is a great passion of mine. – Daniela Lungu
We have worked with the East Bay SPCA Pet Food Pantry and Hopalong Animal Rescue to permit those less advantaged to, with a little support, be able to keep their pets with them. My work with Hopalong Rescue will ensure that pet owners have a legal resource for their pets should they lose the ability to care for them, either through death or disability. Peace of mind exists knowing that someone will be there to continue taking care of your dog or cat as you wish.
A pet trust is a great way to ensure that your pet is cared for and provided for after your death. The pet trust may be a part of your existing trust or maybe a completely separate trust. It allows you to name the caretaker of your pets and creates a fiduciary obligation on the named caretaker to care for your pet in the manner described in your trust.
Without a pet trust, on the other hand, your pet becomes the legal property of the person who assumes care of the pet, and the new owner may make decisions about the pet’s future that you might disagree with. If the new owner doesn’t make any formal arrangements, your pet’s future could be in limbo if something happens to the new owner.
