Will My Pets Benefit from a Pet Trust?

Home » Blog » Will My Pets Benefit from a Pet Trust?
Pet trust
KS and MO Attorney Kyle E Krull

Written by Kyle Krull

Attorney & Counsellor at Law Kyle Krull is president of the Law Offices of Kyle E. Krull, P.A., an Estate Planning Law Firm located in Overland Park, KS. Estate Planning Attorney Kyle Krull has provided continuing education instruction to attorneys, accountants, and financial professionals at local, state, and national programs.

Get To Know Kyle!
POSTED ON: January 31, 2022

A pet trust provides protection for pets after the death of their owner. Adopting pets was popular in 2020. Some people were home alone and wanted company. Others thought it was a good time to teach their children responsibility. Whatever the reason, many pets found their way into homes and hearts. According to a recent […]

A pet trust provides protection for pets after the death of their owner.

Adopting pets was popular in 2020.

Some people were home alone and wanted company.

Others thought it was a good time to teach their children responsibility.

Whatever the reason, many pets found their way into homes and hearts.

According to a recent The Sentinel article titled “Elder Care: Estate planning for your furry friends,” pets are part of the family and should be considered in estate planning.

A pet trust allows you to take care of your pets.

A pet trust allows you to care for your beloved pets when you die.

Although your pet will not be able to legally own assets, your estate plan should provide protection and financial support.

Taking care of a pet is not cheap.

Expenditures on pets totaled $103.6 billion in 2020 and included toys, bedding, food, veterinary care, training, grooming, and even portraits.

Although they certainly cost money, scientific studies have underscored the physical and emotional benefits of owning a pet.

It only makes sense to also ensure your pet is cared for when you die or become ill.

Although many individuals set up informal agreements with family or friends for the care of their pets and provide a sum of money for the services provided, there is no guarantee these agreements will be upheld or the money will be used appropriately.

In short, informal agreements are not enforceable.

Even with the best of intentions, situations can change.

Your friend may marry someone with an allergy to your pet.

They may have a pet who does not interact well with your furry family member.

What options do you have?

A pet trust can provide both accountability and control.

These have been recognized as lawful in all 50 states.

By setting one up, you can ensure your pet will be cared for while you are alive and when you die.

As a legal document, you can provide specific instructions for the care of your pet as well as direction for how the funds are to be used.

A trustee will manage the trust and its funds on behalf of your pet.

What should I consider prior to creating a pet trust?

You will need to determine who you would like to serve as the caretaker for your pet.

It is important to designate a primary caregiver as well as a contingent caretaker to account for the possibility of your first choice being unable to perform the role when the time arrives to do so.

When creating a pet trust, you should detail the preferences of your pet.

If your pet is AKC registered, you should include the formal and informal names.

Failing to do so may lead to legal challenges.

You will need to decide whether you want the same individual to serve as caretaker and trustee or whether you would prefer to divide these duties.

Someone may be a wonderful caretaker for your pet but terrible with finances.

Lastly, you should designate what will happen to the remaining money in the trust when the pet dies.

Some people choose to leave it to the caretaker and others choose to leave it to a charitable organization for animals, such as a rescue organization or a no-kill animal shelter.

Still others elect to leave the remainder to charities they already support.

You may be able to include a charitable remainders trust as part of the agreement.

By creating a pet trust, you will be providing protection and love to your pet for the rest of its life.

Reference: The Sentinel (Jan. 7, 2022) “Elder Care: Estate planning for your furry friends.”

Share This Post

Get All The Marketing Updates

Blog Silos

Recent Posts

Subscribe to our e-Newsletter and Weekly Blog Digest

Ready to schedule your consultation?

Get Started Now With Harvest Law KC

Get Started Now

REMEMBER: “The choice of a lawyer is an important decision and should not be based solely upon advertisements.”
This statement is required by rule of the Supreme Court of Missouri.

Harvest Law KC

5209 W 164th St
Overland Park, KS 66085

Get Directions
IMS - Estate Planning and Elder Law Practice Growth Advisors
Powered by
chevron-down