Should Your Pet be a Part of your Estate Plan?
Who Will Care for Your Pet If Something Happens to You?
Often overlooked in the estate planning world are our beloved pets. Just as we want our children, family members, and loved ones to be taken care of when we’re gone, we should also be thinking about our animals.
For many of us, pets are not “just animals.” They are companions, family members, sources of comfort, and constant presences in our daily lives. Yet despite how deeply we care for them, most people never formally plan for what will happen to their pet if they pass away unexpectedly or become incapacitated. Instead, they assume a friend or family member will “figure it out.” Unfortunately, this lack of planning can lead to confusion, stress, and in some cases, heartbreaking outcomes for the very animals we love most.
Why Pets Require Special Planning
Unlike people, pets cannot speak for themselves. They can’t express preferences, advocate for their care, or explain their routines and medical needs. If something happens to you, your pet becomes entirely dependent on the decisions of others.
Without clear instructions, your pet’s future may be left to chance. A family member may not be able—or willing—to take on the responsibility. A well-meaning friend may not understand your pet’s needs. In some situations, pets end up in shelters, are rehomed multiple times, or experience major disruptions to their routines and emotional well-being.
This is especially important for animals that require specialized care, such as senior pets, pets with medical conditions, large breeds, exotic animals, or pets with anxiety or behavioral challenges.
Are Pets Legally Considered Property?
Yes. Under U.S. law, pets are legally classified as personal property. This may feel strange—or even offensive—given how emotionally significant they are to us, but from a legal standpoint, they are treated similarly to other tangible assets like furniture, artwork, or vehicles.
This classification has important implications. Because pets are considered property, they cannot directly inherit money or assets (and obviously, they wouldn’t know how to use it if they did). You cannot legally leave money “to” your dog or cat. Instead, you must structure your estate plan so that a person or a trust receives the funds and is legally obligated to use them for your pet’s care.
This legal reality is one of the biggest reasons why pet planning requires thoughtful structure. Without it, your wishes may not be enforceable.
Here are a few options to consider in planning for your pet’s care:
Option One: Naming a Caregiver in Your Will
One of the simplest ways to plan for your pet is to name a caregiver in your will. This means you designate a specific person who will receive your pet upon your death. You can also leave money to that person to help cover expenses such as food, grooming, veterinary care, medications, boarding, and other ongoing needs.
While this approach is straightforward, it’s important to understand that although your will may stipulate that this person is to use the money you’re leaving them for your pets care, they have no legal obligation to do so, nor is there any way to police such a thing. Once they inherit the money that's supposed to be for your pets care, they can do whatever they like with it.
If you go with this method, it’s crucial you pick someone you trust, someone you know will care for your pet as much as you do and use the money you leave them for the right purpose.
Option Two: Including Pet Provisions in a Trust
If you already have a revocable living trust—or are considering one—you can include pet provisions inside the trust. A trust allows your instructions to take effect immediately upon your death or incapacity, often without the delays of probate. This can be especially helpful when it comes to pets, who need immediate care and stability.
Within your trust, you can name a caregiver, set aside funds, and include detailed instructions about your pet’s daily routine, medical care, and preferences. This approach provides more structure than a will alone and allows for faster implementation.
However, while this is certainly better than doing nothing, a basic pet provision may not provide the same level of legal protection as a true pet trust. A pet provision often functions as a set of instructions or wishes. A pet trust, on the other hand, is a legally recognized structure that creates enforceable duties, financial oversight, and accountability
Option Three: Creating a Pet Trust
Pet detectives may not be real (Ave Ventura anyone?), but pet trusts are, and they are legally recognized in all 50 states, though the rules vary slightly by jurisdiction.
A pet trust is a specialized trust designed specifically for the care of one or more animals. It is often considered the most comprehensive and protective option.
A typical pet trust includes:
The pet(s) who will benefit from the trust
A caregiver, who provides daily care
A trustee, who manages the money
Instructions for care
A set amount of funding
This structure adds accountability. The caregiver is responsible for following your instructions, and the trustee controls the money, ensuring it is actually used for your pet’s benefit. This separation of roles helps prevent misuse of funds and ensures your wishes are respected.
How Much Money Should You Leave for a Pet?
There is no universal number that works for every pet, but here are the factors to keep in mind:
Food and treats
Routine veterinary visits
Emergency medical care
Medications
Grooming
Boarding or pet sitting
Training or behavioral support
It’s better to slightly overestimate than underestimate. Any leftover funds can be directed to a charity, a rescue organization, or a person of your choosing once your pet passes away.
Common Mistakes People Make
Many well-intentioned pet owners still make mistakes that undermine their wishes.
One of the most common is assuming someone will step in. Even people who love your pet may not be able to take on the responsibility due to housing restrictions, finances, allergies, or lifestyle changes.
Another mistake is failing to leave money. Caring for an animal costs real dollars, and financial strain can affect the quality of care.
Vagueness is another major issue. Statements like “take good care of my dog” are emotionally meaningful but legally unenforceable.
Finally, many people forget to name backups. Life is unpredictable. Your first-choice caregiver may become unable to serve, and without a backup, your plan can fall apart.
What Happens If You Do Nothing?
If you pass away without making arrangements for your pet, your pet becomes part of your estate. That means the court ultimately determines what happens.
This can result in:
Delays in care
Family disputes
Temporary shelter placement
Unwanted rehoming
Emotional trauma for the animal
None of these outcomes reflect the love most people have for their pets—and all of them are preventable.
Planning for Your Pet Is Planning for Peace of Mind
If you’re like me, you love your pet and the thought of them not being properly cared for when you’re gone is unbearable. If you already have someone in your life that you trust and that would be happy to bring your pet into their home, naming that person in your will may be enough.
But if you want to be 100% sure your pet is cared for, with legal accountability and enforceability, a pet trust is something you should consider.
To discuss this or any other estate and financial planning topics, feel free to reach out.
Ryan Page, CFP®, MBA®
Office & Text:720-826-1092
Content in this material is for general information only and not intended to provide specific advice or recommendations for any individual.
This information is not intended to be a substitute for specific individualized tax or legal advice. We suggest that you discuss your specific situation with a qualified tax or legal advisor..
