Providing for Your Pet After You Die

Make formal arrangements for the care of your pet after you die here's how.

Pet owners want to make sure that even if they can't take care of their companion animals someday, those animals will still be well looked after. Many people make informal arrangements with a friend, neighbor, or relative to care for their pets. Sometimes this is enough but not always. What if the new owner doesn't have the money to provide care for your pet? Or a dispute arises as to who should get the pet?

To avoid problems and be assured that your pet will be cared for after you die, consider making more formal provisions for your pet's care. You can't just leave money in your will to your pet, though. The law treats pets as property, and you can't leave property (money or other things) to property (your pet). However, there are lots of other things you can do to make sure your pet will always be well provided for. Here's a rundown of your options.

Choose a New Owner for Your Pet

Choosing a new owner for your pet is the most important thing you can do to make sure your pet is taken care of after your death. Ask the person you want to be the new owner if they are ready and able to care for your pet.

Make your decision legally binding by including it in your will or your revocable living trust (this is a document that serves the same purpose as a will but avoids probate ). It's a good idea to have a second choice and then name this person as an alternate beneficiary in your will or trust. (To learn more about wills and trusts, see Nolo's Wills & Estate Planning area.)

If you don't name a new owner in your will or trust, one of two things will happen:

• your pet will go to the residuary beneficiary in the will (the beneficiary who inherits everything that's not taken care of by the rest of the will); or
• if you don't have a will, your pet will go to your next of kin, as determined by state law.

Leave Money to the New Owner

Consider leaving money to the person who will care for your pet, even if she can afford to pay for your pet's upkeep. Include a clause similar to this:

"If my dog Taffy, is alive at my death, I leave her and $3,000 to be used for her care to Brian Smith. If Brian is unable to care for Taffy, I leave her and the $3,000 to be used for her care to Susan McDermott."

The provision leaving money to Brian is legal and enforceable, although the part about Brian having to use it to care for Taffy probably isn't. However, if you've left your pet to someone you trust, this shouldn't be a problem. If Taffy isn't alive when you die, the $3,000 will go to the residuary of your estate.

Leave Your Pet to One Person, Money to Another

In some circumstances, you may want to leave your pet to one person and money to care for your pet to another. This might be a good idea if:

• the person caring for your pet receives public assistance (like Social Security disability) and receiving a lump sum of money from you will make her temporarily ineligible for that assistance, or
• you don't trust the new owner to use the money well (maybe she has a history of gambling).

In your will, you leave your pet to the first person. You leave money to the second person and direct that person to use the money to reimburse the first for pet expenses, or to provide the new owner with a certain amount of money each month. Again, the instructions about how to use the money probably aren't legally enforceable but they make your wishes clear, which should be enough if you choose the right people.

Set Up a Pet Trust

In most states (39, to be exact), you can set up a "pet trust," in which you leave property for the benefit of your pet. You put someone else, called a trustee, in charge of managing and spending the money, and you provide that trustee with a set of written instructions.

One advantage of a trust is that it can take effect if you became ill and unable to care for your pet. A will takes effect only upon your death.

To find out whether or not your state allows pet trusts, check your state's law. (See Nolo's Legal Research area for tips on how to find state laws.) Also, Every Dog's Legal Guide: A Must-Have Book for Your Owner, by Mary Randolph, J.D. (Nolo) lists the states that allow pet trusts.

Arrange for Veterinary Care

Veterinary care is likely to be the biggest expense your pet's new owner incurs. You may want to arrange in advance for your pet's veterinary care. There are several ways to do this.

Leave money to buy pet health care insurance. Leave money in your will to the new owner with instructions to buy health insurance for your pet. Again, you must rely on the new owner to spend the money that way. (To learn more about animal health insurance, see the article Is Pet Insurance Necessary?)

Leave money to your vet. You can leave money in your will to a veterinarian. Work out the amount, and what is to be expected of the vet, in advance. Any money left when your pet dies could go to a relative, charity, or to the vet. Again, you will have to trust the vet to follow your instructions.

Sign a contract with your vet. A third option is to sign a contract with a vet in which she agrees to treat your pet. Then you pay or leave the vet a certain amount as a credit towards expected services. If the money runs out, the vet begins charging the new owner for services. If your pet dies before the money runs out, you and the vet agree in the contract as to what will be done with the excess.

What if You Don't Have Anyone to Care for Your Pet?

If you can't think of anyone, or get anyone to agree, to care for your pet after you die, what can you do?

Rescue groups. Almost everywhere in the country you can now find rescue groups, which provide temporary care for pets until "forever homes" can be found for them. Some rescue groups specialize in a particular breed, but many take all kinds of dogs. They try hard to place dogs with owners that are a good fit, so that your pet will have another loving home.

Programs that take care of pets. Several programs exist that take care of, or try to find homes for, pets of deceased people. The San Francisco SPCA has a service that finds homes for the pets of deceased San Francisco SPCA members. The new owners are also entitled to free lifetime veterinary care for these pets at SPCA's hospital. Contact the San Francisco SPCA, at www.sfspca.org, for more information.

Some organizations will care for your pet for its lifetime, provided you make a large (commonly, around $10,000 to $25,000) payment or gift.

For more information about providing for your pet after you die, including sample will provisions and a sample contract for vet services, get Every Dog's Legal Guide: A Must-Have Book for Your Owner, by Mary Randolph, J.D. (Nolo).