When creating an estate plan, most people focus on protecting their loved ones and ensuring their assets are distributed according to their wishes. But for many in Las Cruces, family includes more than just people—it includes beloved pets as well. Whether you have a dog, cat, bird, or any other animal, estate planning can ensure that your furry or feathered friends are cared for after you’re gone.
Estate Planning Can Include Pets as Well as ‘Regular’ People
While we may think of pets as family members, the law views them as personal property. This means that without specific instructions in your estate plan, there’s no guarantee your pet will be cared for in the way you’d like. If you pass away without a will, your pets could end up with whoever inherits your property—or worse, abandoned or placed in a shelter. Read more in our article: What Happens to a Pet when Owner Dies?
This uncertainty makes it essential to include your pets in your estate plan, especially if you want to ensure they receive the same love and care after you’re gone.
Pet Trusts: A Secure Option for Your Pets’ Future
One of the best ways to protect your pet’s future is through a pet trust. Unlike simply naming a caregiver for your pet in your will, a pet trust is a legally enforceable arrangement that provides ongoing supervision to ensure your pet’s needs are met.
In a pet trust, you appoint a caretaker responsible for the pet’s day-to-day care and a trustee who manages the funds set aside for your pet’s expenses. The trustee’s job is to ensure that the money is used appropriately and for the benefit of the pet. This dual arrangement offers added security that your beloved animal will receive proper care, no matter what.
What You Should Include in a Pet Trust
When creating a pet trust, there are a few important details to cover:
- Caretaker and Trustee: Choose someone you trust to care for your pet and another person to oversee the funds. It’s essential that these are two different people to provide checks and balances.
- Instructions for Care: Provide detailed instructions for your pet’s care, including preferences for diet, exercise, medical care, and anything else necessary to maintain your pet’s quality of life.
- Funding the Trust: Estimate the costs of your pet’s care, including food, veterinary bills, and any special needs. Set aside enough funds in the trust to cover these expenses for the pet’s lifetime.
- Contingency Plans: Consider including a backup caretaker in case your first choice is unable or unwilling to care for your pet when the time comes.
What Happens If You Don’t Plan for Your Pet?
Without an estate plan that includes your pet, there’s no guarantee they will be cared for according to your wishes. In many cases, pets are left behind without clear instructions, leading to unwanted outcomes such as:
- Shelter Placement: Many pets end up in shelters when their owners die. Older pets, or those with medical conditions, are especially vulnerable and may not be adopted.
- Abandonment: Without a plan, some pets are simply abandoned, left to fend for themselves without the care they need.
- Unwanted Caregivers: If your estate plan doesn’t specify who should take your pet, they could end up with someone who may not be capable—or willing—to care for them properly.
Do You Need to Be Wealthy to Create a Pet Trust?
While high-profile cases like that of billionaire Leona Helmsley, who famously left $12 million to her dog, often make the headlines, you don’t need to be wealthy to include your pet in your estate plan explains an article from The Wall Street Journal, “Putting Pets in Your Will Is No Longer Just for Eccentric Billionaires.” Pet trusts are accessible to pet owners of all financial backgrounds and are an excellent way to ensure your pet’s future well-being.
The amount of money you set aside depends on your pet’s needs, but even modest funding can go a long way in ensuring that your pet receives the necessary care.
Making Pet Care Part of Your Estate Plan in Las Cruces
Estate planning is about more than just distributing assets—it’s about protecting what matters most to you. For many people, this includes their pets. Working with an estate planning attorney in Las Cruces can help you create a comprehensive plan that provides for your pet’s future, ensuring they are cared for with the same love and attention you give them today.
At E-Law, we’re committed to helping you develop a personalized estate plan that reflects your unique needs. Whether it’s setting up a pet trust or naming a caretaker in your will, we can guide you through the process of securing your pet’s future. Read about the importance of caring and planning for pets at Estate Planning Attorney Michele Ungvarsky and her spouse’s farm in the article, Why Successful Estate Planning in Southern New Mexico is a Team Effort
Request a Discovery Call
Ready to start planning for your pet’s future? Request a discovery call with E-Law in Las Cruces to learn how we can help you create a plan that ensures your pet is protected.
Key Takeaways:
- Pets are legally considered property, so it’s important to include them in your estate plan.
- A pet trust provides legal protection and oversight for your pet’s care.
- Choose a caretaker and trustee to ensure your pet’s well-being.
- Even if you’re not wealthy, a pet trust can be affordable and ensures your pet is cared for according to your wishes.
By planning ahead, you can rest easy knowing that your pet will continue to live a happy and healthy life, even when you’re no longer there to care for them.
