What Attorneys Should Know

Attorneys Confess

Some attorneys admit that they lack adequate knowledge to prepare a Pet Trust. Although all 50 states have Pet Trust laws, they are very vague. There is minimal information available to help attorneys prepare a Pet Trust. As a result, they generally recommend designating a Caretaker in your Will, leaving that person a random amount of money for pet care.

The Untold Truth

When clients question attorneys about the best way to protect their pets, they usually recommend designating a Caretaker in their Last Will and Testament, and leaving a random sum of money to the designee for the pet’s care. It is a simple solution. Unfortunately, it is not a good one.

The Problem with Designating Pet Care in a Will

Planning for your pet’s future this way shows a pet owner’s heart is in the right place. However, a Will is not the best way to protect your pets if something happens to you. Here’s why:

1. A Will is only relevant after your death. That means, if you are sick, injured, disabled, or incapacitated and can’t care for your own pet, there is no plan in place to protect your pet or care for him while you recuperate or heal.
2. Wills go through Probate, which means a waiting period before the money is distributed to the designated Caretaker. Where is the pet during this time? Does anyone even know there is a dog or cat in the house that needs care? Will someone take on the responsibility for pet care and incur the cost?
3. The designated Caretaker in a Will can renege on their promise, sometimes because of life changes. The money will still be distributed to them, but they can surrender your pet to a shelter.
4. The designated Caretaker can use your money for their own needs and not for your pet. They can spend the money however they want.
5. There are no contingency plans in a Will. Therefore, if the designated Caretaker can’t take care of your dog or cat, they will most likely be surrendered to a shelter where they face being euthanized.
6. There is no oversight or legal enforcement once the money is distributed and the pet is in the care of the designated Caretaker. This means the pet can be treated however the Caretaker wishes, and your money can be used however they want.
7. Money left for pet care can be litigated against by family or friends, and the judge will often amend the amount in favor of the opposing litigant.

Attorneys recognize these facts, but since they don’t feel they have the proper knowledge, they don’t suggest the use of a Pet Trust.

Why Pet Trusts are Better

1. A Pet Trust has plans for your pet’s care while you are still alive, and after your death. Unlike a Will, which can only be used after your death, a Pet Trust can be used as many times as needed, during your lifetime, and again, after your death.
2. A Pet Trust does not go through Probate, so pet care is immediate. There is no waiting time, and all expenses are covered from the very first day.
3. A Caretaker can renege on their promise to care for your pet, but there are successors named and contingency plans in place. Even if all designees are exhausted, your pet cannot be surrendered to a shelter. The court will appoint a Caretaker, if none of the designees can fulfill the obligation.
4. Your money is protected by a Trustee who manages the funds. The Trustee must approve how the Caretaker spends Trust money. Trust funds can only be used to care for your pet according to the guidelines and instructions in the Trust or to meet the changing needs of your pet. Money cannot be spent frivolously by the Caretaker as they can with a Will.
5. The Trust contains explicit instructions for your pet’s care to maintain its current lifestyle, surrounded by familiarity. If possible, the pet owner includes contingency plans and multiple choices, so your pet can be cared for the way you intended.
6. If your pet is not being cared for properly, the Courts can intervene and either remove the pet from the household or replace the person serving as Trustee or Caretaker.
7. A Pet Trust is usually upheld by the judge in a Court of Law due to the thought and time put into the preparation of the Trust document. The guidelines of the Trust are usually supported by a budget that justifies the amount of money deposited into the Trust account. Judges tend to uphold the grantor’s wishes, and the opposing litigant usually loses their lawsuit.

The Fairy Tale Ending

With increased knowledge about Pet Trusts, attorneys should recommend them, instead of Wills, when estate planning for pets. It is clearly the better option to protect the pet’s future, its care, and how the trust fund money is spent. Pet Trusts are the more ethical and moral alternative to future pet care. Attorneys should be aware of the benefits of Pet Trusts so their clients can be well-informed to make an educated decision.

An Afterthought

Some attorneys do specialize in Pet Trusts. Others can partner with organizations, such as Edwin D Marks Animal Foundation and Guardian Pet Trust, which can provide the format for a Pet Trust according to the Six Essential Components, as well as have a detailed and individualized Care Plan prepared for the Trust they are preparing. Knowing this should help motivate more attorneys to want to prepare Pet Trusts for their clients and their pets.