PET TRUSTS

Pets play an important part in the lives of many people. Pet owners should arrange for the financial support and care of their animals if they become unable to personally provide for that care. In 1991, California enacted a law which authorizes Pet Trusts in California. These Pet Trust provisions can be included in your will or trust agreement. Existing estate planning documents can also be amended to add these provisions.

The law states that a trust for the care of a designated domestic or pet animal may be performed by the trustee for the life of the animal, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of the trust contemplate a longer duration.

Things to Consider for Pet Trusts to Assist in the Planning Process

• Do you want to establish a trust for a pet or pets, make an outright gift, or to provide in some other way for your pets? We can assist you in the different decisions that need to be made.
• Prepare a list of current pets.
• Provide the name, age, birth date if known, breed, sex, and physical description of each pet.
• Provide a picture of each pet.
• Provide the name of the current veterinarian with their address and telephone number.
• If a Pet Trust will be used:
• Will the trustee of your living trust also serve as trustee for the pet trust or should a different trustee be appointed? If a different trustee, identify the preferred trustees for the pet trust, and provide a list of full names and contact information (address, telephone, e-mail).
• Will the living trust include provisions for the pets during the settlor's lifetime if the settlor becomes unable to care for the pets? If not, a pet trust that is funded on the death of the settlor can provide only for pets that survive the settlor.
• Identify possible caretakers for pets, and provide a list of full names and contact information (address, telephone, e-mail).

If you wish, provide detailed care and feeding instructions for specific pets. The instructions could be included in the body of the pet trust, but, because these instructions are likely to change over time, the most cost-effective way to handle this is to prepare separate written instructions to keep with your estate planning documents.