What Happens to My Pet(s) if Something Happens to Me?

Many of us animal lovers consider our pets as family members. You may have a plan for your spouse, kids, and/or business should something happen to you, but what about your pets?  Approximately 100,000 to 500,000 pets end up in shelters each year after their owners die or become incapacitated and can no longer care for them. The good news is that you can protect them from ending up in a situation like this.

You might assume that if something happens to you, a family member will step in to take care of your pets. But what if they can’t or won’t? What if you have left your dog to your brother in your will, but have failed to cover expenses for your pet’s care or a backup plan if your brother is unable or unwilling to do the job?

Here in South Carolina, you are able to set up a trust for the care of your pets, and it can be done relatively easily. This trust can be set up during your lifetime to include any animals you have now and can be updated to include animals you may add to your family in the future. The trust can specifically spell out your wishes for how you want your pets to be cared for, who the caregiver will be, and can set aside resources (ex. money) to be used to carry out those wishes.

If something were to happen to you, your trust would be enforced and administered by the person you name as trustee of that trust, who may or may not be the same person as your appointed caregiver. You can choose a relative, friend, neighbor, or someone else you trust to be your trustee and/or caregiver. If you are unable to find someone willing to serve as trustee, the court can appoint someone for you. This person will be responsible for ensuring the property you have set aside in trust to care for your pets is being used for the purposes you intended.

The property, including money, you set aside in the trust to care for your pets may only be used for its intended purposes that you have spelled out in the terms of the trust. Some things you can specifically address in your pet trust include:

• Where your pets will live/who will take care of it
• Food
• Medical Care
• Number of visits to the vet per year
• Disposition of pet’s remains

A trust may also protect your pets from being treated as property through the probate process, where no one can take legal ownership of your pets until your estate is probated and closed. Overall, creating a pet trust will give you peace of mind knowing your pets will be cared for if something happens to you. Don’t assume that you will outlive your pets.

If you have more questions, or would like to schedule a consultation with an estate planning attorney and fellow animal lover, call my office.