Home : Case Studies : Estate Planning: Pet TrustEstate Planning: Pet TrustThese case studies, while based on actual client experiences, are intended for illustration purposes only. They should not be used as a basis for determining a course of action in any other case. The options demonstrated herein should be considered only after consultation with an experienced elder law attorney: the laws are constantly changing and, in addition, a seemingly similar situation may be subject to a drastically different result due to minor factual differences not apparent from these illustrations (in fact, more favorable options may be available due to these variables.)
Estate Planning: Pet Trust Three years ago Barbara’s husband Thomas passed away. Thomas and Barbara had been married for 45 years but they never had any children. In order to keep her company, Barbara adopted a pug puppy, Ellie. Over the last couple of years Barbara has become very attached to Ellie and is concerned that upon her disability or her passing, there will be no one to look after the pug. Barbara was saddened to learn that the law considers animals property, and if plans are not properly in place, pets will be treated just like a table or a clock. Barbara was very concerned that Ellie could end up abandoned, or worse yet simply disposed of. Barbara has a modest estate, but she considers Ellie a part of the family and wanted to use some of her estate to provide for her pet.
Barbara has no close family members or friends that are willing or able to adopt Ellie if needed. Even if there were a willing and able person, there would be no assurance that the money left for the care of the Ellie would be applied to Ellie, or that the caretaker would in fact care for Ellie. One reason for this would be if the caretaker became incapacitated or died. In that event, without proper planning, the money left for Ellie would go to the caretaker’s heirs. Another reason would be if the caretaker had creditor or marital problems, which could ultimately deprive Ellie of the intended support.
We suggested to Barbara that we prepare a Pet Trust for the care and protection of Ellie. Ellie would be assigned to the trust and upon Barbara’s incapacity a care system would be implemented to provide for Ellie’s care (temporary or permanent), and upon Barbara’s death Ellie would be donated to Ohio Pug Rescue for adoption. In addition, a small portion of Barbara’s estate would be held in trust for Ellie’s care, feeding, and medical needs up until her adoption. If any of Ellie’s funds remain in the trust after her adoption those monies could either be donated to Ohio Pug Rescue for care of other homeless dogs, or the assets could pass along to other beneficiaries of the trust. We also educated Barbara that money left for a pet must be artfully drafted as you cannot leave money to the pet in your trust or will. You can however, leave funds for the care and benefit of the pet.
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