Providing for Pets in an Estate Plan

/in /by

Don’t Forget the Pets: Including Your Four-Legged Family in Your Estate Plan

For most of us, pets are not just animals; they are cherished members of our family. We plan for their care when we go on vacation, but many people overlook one critical question: What happens to my pets if I become incapacitated or pass away?

Without a formal, legally binding plan, the future of your beloved companion could be left to chance. Fortunately, your estate plan can provide clear instructions and financial support to ensure they are cared for exactly as you would wish.

The Problem with Informal Agreements

The most common approach is a simple verbal agreement with a friend or family member. While well-intentioned, this method has significant risks:

  • It’s Not Legally Binding: A handshake agreement cannot be enforced. If your chosen caregiver is unable or unwilling to take your pet when the time comes, your pet could end up in a shelter.
  • Life Circumstances Change: The friend who promised to take your pet today might move, have a change in health, or face financial difficulties years from now, making it impossible for them to fulfill their promise.

Formalizing Your Plan: Wills vs. Trusts

To ensure your pet’s future is secure, you need a legal document. There are two primary ways to accomplish this:

1. Including Your Pet in Your Will

You can include a provision in your Last Will and Testament that leaves your pet to a specific person (a caregiver). It is also common to leave a corresponding sum of money to that caregiver to help cover the costs of food, grooming, and veterinary care. While this is better than an informal agreement, it does not offer the ongoing oversight and detailed instructions that a trust can provide.

2. Creating a Pet Trust

For the most comprehensive protection, North Carolina law allows you to create a “Pet Trust.” This is a legally enforceable arrangement that can be part of your main Revocable Living Trust or a separate, standalone document. A Pet Trust allows you to:

  • Appoint a Caregiver: Formally name the person you want to care for your pet.
  • Provide Detailed Instructions: You can specify everything from your pet’s preferred food and veterinarian to their living arrangements and daily routines.
  • Set Aside Funds: You can fund the trust with a specific amount of money to be managed by a Trustee and used exclusively for your pet’s care for the rest of their life.
  • Name a Successor: You can name a backup caregiver in case your first choice is unable to serve.

A trust provides the highest level of assurance that your wishes for your pet will be followed long after you are gone.

Planning for All Your Companions

A good pet plan is flexible. It should be written to provide for any pets you own at the time of your death, not just the ones you have today. This ensures that any future companions you welcome into your home are also protected.

If you want to include your beloved pets in your estate planning, our attorneys can help you explore the best options for your specific situation. Call our office at (919) 256-7000 to schedule a consultation.