What happens to your precious pets if you pre-decease them? For example, sweet little Brownie has been with you for ten years, and you are now 80 years old. Is it possible for you to provide for him (or her) after you are gone, especially if you have no nearby relatives or neighbors you trust to take care of him? Let’s say that your spouse is deceased, you have no siblings, and no other close relatives to take care of Brownie. So, what do you do?

A Trust and Trusted Solution

Is it possible to create a Revocable Living Trust, abbreviated as “RLT”, for your pet? Yes, you can create a legal document, called a “Trust” that is changeable (legal term, “revocable”) to care for your pet(s). This Trust can be part of your current RLT, if you have one, or you can create new pet Trust as a separate RLT just for your pet. Assuming you have an existing RLT, you can create an amendment to it with provisions for Brownie, Fluffy, Fido or whatever you call your pet.

Is it better to have a new RLT for your pet(s) or should I incorporate those pet- protection provisions into an existing trust? It depends on cost and preferences, if the current Trustee of your RLT is a bank or trust company (often a questionable choice) you probably don’t want Melven Snodgrass, your trust officer in N.Y., N.Y., watching out for Brownie. In that case, you can provide protection of your pet(s) in a new and separate Trust with your neighbor, Betty White, as the Trustee.

Here’s another example: Wendy G. trains and loves her German Shepherds. She has seven of them! Should Wendy pre-decease one of the seven Shepherds, can she provide for them in her existing RLT? Of course! The laws of six states, including VA, provide for separate trusts for pets.

What are some of the typical provisions of such pet trusts?

1. First, consider the triggering event that initiates the need for protection of your pet. For most people, this is death and disability. It would be unusual to provide for only “death” because many people are substantially disabled prior to death.
2. You need to identify the pet(s). You cannot provide for the Trust to continue beyond the life of the immediate pet(s), as you could for future births of grandchildren or great-grandchildren.
3. Compensation. Can you compensate the person designated to care for your pet(s)? Yes!
4. Protective Provisions. Can you establish a method to ensure that your friend George, whom you have designated as the Trustee for the pets, doesn’t take the money and leave the pet(s) wondering when their human is going to feed it/them. Yes! A friendly warden or a committee of friends can monitor what George does. If George neglects Brownie, Fluffy or Fido, the warden or committee can replace him.
5. Use of Funds. You can specify how the funds are to be used during the period that the Trust exists. This can include veterinary costs, medications and food.
6. Residue. If there are funds left after you and Brownie are gone, what happens to the money? You can provide that the residue (i.e., what’s left) goes to a pet charity, an animal organization or any charity that you would prefer to give the money to. Or, the residue could also go to any other family members.

What’s the Message?

Although some of your relatives may object to having Trust arrangements for your pet(s), remember they are your pets, and what your relatives think or want may be contrary to your wishes. If you want to have provisions to provide for the maintenance and well-being of your pet(s) after you are gone or are disabled, you have every right to do so! If you want to create a Pet RLT, contact me, Dan Newland.

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