If you have a furry, four-legged canine companion, you already know that dogs offer unwavering companionship, protection, loyalty, and joy to a family. According to Forbes magazine, two-thirds of all households have at least one pet in the United States and about 63 million of those households include at least one dog. This August, as we observe National Dog Month, there is no better time to acknowledge your dog’s significance in your life and take steps to ensure their well-being should you become incapacitated, or after you pass on. Thompson Law urges you to honor National Dog Month this August by incorporating pet planning into your estate plan.
National Dog Month: A Reminder to Plan for Furry Family Members
Each August, National Dog Month serves as a tribute to our canine companions and prompts us to reflect on their unconditional love. It is an opportune moment to update or establish your estate plan to ensure your dog’s future is protected. Many dog owners overlook or delay estate planning because it can feel unnecessary or even overwhelming. While these feelings are understandable, pet planning should ideally begin the moment your pet becomes part of your household because your illness, incapacity, or even death could occur at any moment and without a clear legal roadmap, your dog could end up in an animal shelter or under temporary care that was not your wish. Given that Americans spend over $152 billion a year on their pets it seems only reasonable that those same pet owners would want to ensure that their pets are provided for if something happens to them.
What Is Pet Estate Planning?
Pet planning involves legally documenting your instructions for the care and financial support of your companion in the event of incapacity or death. A well-constructed pet plan gives clear direction about who will care for your dog, how funds will be used for their well-being, and specific daily needs such as diet, exercise routine, and medical care. While a Last Will and Testament can include a pet-related clause, a pet trust offers greater security and precision. A pet trust is a legally enforceable arrangement within your estate plan that can designate a caretaker as well as appoint a Trustee. It allows you to set aside funds and outline detailed care instructions. For a seamless transition, you may wish to consider creating a a revocable living trust that can hold assets, including funds designated for your pet’s care, and distribute those to the designated caregiver without going through probate.
Why a Will Alone May Not Be Enough
Leaving pet care instructions in your Will is better than nothing, but it may still fall short of achieving your goals and protecting your dog. Wills must go through probate, a legal process that can take months or years, during which your dog may be placed in temporary care. Courts may also question the sufficiency of funding for care, leading to delays or disputes. By contrast, a pet trust or trust clause activated immediately upon incapacity or death ensures continuous care. Trust funds are handled by a Trustee, not subject to probate delays, and allow for the immediate distribution of assets for pet care.
Creating a Pet Trust or Adding a Pet Clause to Your Living Trust
To ensure that your pet is cared for according to your wishes if something happens to you, a pet trust should be included within your comprehensive estate plan. If you make the trust a revocable living trust you gain additional benefits and broader protection. You can include your pet care provisions within it and designate yourself as Trustee. As such, you will administer the trust as long as you are still capable and a chosen (by you) successor Trustee takes over if you become incapacitated. Drafting a pet trust lets you tailor the terms of the trust agreement to your dog’s specific needs, including things such as:
- Description: An accurate description of your pet including the dog’s name, breed, age, and identifying traits.
- Caregiver Designation: Name one person to care for your dog and appoint a backup in case your primary caregiver is unwilling or unable.
- Trustee Appointment: Select a Trustee responsible for managing the funds designated for your dog’s care.
- Funding: Specify the amount to be set aside and how the money should be used, for example, for vet visits, food, grooming, and/or boarding.
- Lifestyle Preferences: Describe your dog’s daily routine, diet, play habits, medications, special needs, and sleeping arrangements.
- End-of-Life Wishes: Explain your preferences for burial, cremation, final ceremony, or memorial.
- Trust Termination: What happens to the remaining funds once your dog passes? You can name a charity, shelter, or family member to receive leftover monies.
How to Get Started with Pet Planning
One of the first things you should do when creating a pet plan for your dog (or other pet) is to choose a responsible person who loves your dog and will follow your guidelines. You then need to name someone as the Trustee who is financially savvy and trustworthy to manage funds responsibly. Your caregiver and Trustee can be the same person; however, you can also separate the roles. Next, you need to estimate the care costs for your pet. Consider current and future expenses including food, vet visits, grooming, medications, and emergency care. When you are ready, an experienced estate planning attorney can help you draft your pet trust agreement. After executing your trust, give copies to the caregiver, Trustee, and attorney, and tell other family members where the documents are kept. Your Trustee should also receive documentation that outlines your dog’s preferences and routines along with emergency contact information, such as veterinary details, microchip IDs, allergy alerts, and current health conditions.
Why National Dog Month Is the Perfect Prompt
Dogs give us loyalty and affection all year long, but August offers a timely reminder to return the favor by planning for their future. Incorporating pet planning into your estate ensures your dog is cared for if a life event interferes with your ability to provide that care. Whether you’re drafting a Will, establishing a pet trust, or updating a revocable living trust, National Dog Month is an ideal moment to work with an experienced estate planning attorney to build a plan that reflects your values, secures your dog’s future, and honors all that they mean to you.
Join Us for National Dog Month
Please join us for an upcoming FREE seminar or webinar. Please join us for National Dog Month and if you are interested in incorporating pet planning into your estate plan, contact an estate planning attorney at Thompson Law by calling 605-362-9100 to schedule an appointment.
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