For many people, pets are more than companions-they're family. But if you were to become incapacitated or pass away unexpectedly, what would happen to your pet?
In 2025, more courts and families are dealing with heartbreaking situations where animals are left behind with no legal protection. Fortunately, pet trusts now provide a powerful estate planning tool to ensure your furry (or feathered) friend receives the care they deserve.
Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.
What Is a Pet Trust?
A pet trust is a legally enforceable estate planning tool that allows you to:
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Designate a caregiver for your pet after your death or incapacity
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Set aside funds to pay for your pet's food, veterinary care, and other needs
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Appoint a trustee to manage and distribute those funds
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Provide instructions for your pet's daily routines, medical care, and end-of-life decisions
Unlike informal agreements or verbal promises, a pet trust is recognized by law-and the person you name must follow your directions, with oversight from the trustee.
Why Pet Trusts Matter in 2025
As veterinary care, life spans, and animal rights awareness grow, people are more committed than ever to protecting their pets legally. But most pet owners still make the same assumptions:
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"My family will take care of my dog."
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"My will is enough to cover my pet."
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"I'm healthy-nothing will happen to me."
Unfortunately, these assumptions can leave pets in limbo. Consider:
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A will may take months to go through probate, during which your pet may have no legal guardian.
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Verbal promises aren't legally binding.
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Family members may be unable or unwilling to care for the pet long-term.
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Without clear planning, pets are often surrendered to shelters or euthanized.
That's why estate planners across the country are urging clients to legally plan for pet care, just as they would for minor children or dependent adults.
Who Should Consider a Pet Trust?
You should strongly consider setting up a pet trust if:
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You live alone or have no immediate family
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You have a long-lived or high-maintenance animal (e.g., parrot, horse, or diabetic pet)
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You want to ensure your pet stays with a specific person or in a certain environment
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You want funds dedicated only to your pet's care-not merged into general estate assets
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You have multiple pets who should stay together or receive consistent care
What Can Be Included in a Pet Trust?
A pet trust is highly customizable. When drafting one with an experienced attorney, you can include:
1. Caretaker Instructions
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Name the individual(s) you trust to care for your pet
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Include backup caretakers in case the first choice declines or becomes unavailable
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Provide specific daily routines, dietary preferences, medication schedules, exercise habits, and favorite toys or bedding
2. Financial Provisions
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Set aside money for:
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Food and treats
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Veterinary care, surgeries, or chronic condition treatments
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Grooming, boarding, pet-sitting, or training
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End-of-life care and burial or cremation preferences
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Determine whether leftover funds go to a charity, caretaker, or back into your estate
3. Trustee and Oversight
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Appoint someone other than the caretaker to serve as trustee, who will manage and distribute the funds
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The trustee ensures the funds are used as directed and that your pet receives proper care
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Include directions for how disputes will be resolved, and if the trustee can remove the caregiver
This setup provides legal enforcement, financial protection, and peace of mind that your pet won't fall through the cracks if something happens to you.
Is a Will Enough to Protect My Pet?
No. While you can name a pet and caretaker in your will, there are major limitations:
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A will doesn't take effect until you die and the probate court approves it-potentially leaving your pet vulnerable for weeks or months
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A will cannot leave money directly to an animal (they're considered property under the law)
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Wills don't provide ongoing oversight, and funds meant for a pet could be misused or lost in the estate
A pet trust works immediately and avoids probate, ensuring your animal is cared for without delay.
Contact a Pet Trust Attorney to Protect Your Companion
If you love your pet like family, don't leave their future to chance. A legally valid pet trust ensures they receive the same thoughtful planning you'd give any dependent loved one.
At Heritage Law Office, we help you create enforceable pet trusts that align with your estate plan and honor your pet's life and care needs.
Call 414-253-8500 or contact us online to get started today.
Frequently Asked Questions (FAQs)
1. Can I leave money directly to my pet in a will?
No. Legally, pets are considered property, so you can't leave assets to them the same way you would a person. However, you can create a pet trust that sets aside funds for your pet's care and appoints a caregiver and trustee to manage that money on your pet's behalf.
2. How much money should I put in a pet trust?
It depends on your pet's age, health, and life expectancy. For example, a healthy dog may need a few thousand dollars, while a parrot or horse may require much more. You should estimate costs for food, vet care, grooming, pet-sitting, and any special needs over the rest of their expected life span. Your attorney can help you build a realistic and legally sound funding plan.
3. What happens if the person I choose as caregiver declines or can't take the pet?
Your pet trust should include contingency caregivers-at least one or two alternates. You can also name a charity or animal rescue organization as a backup option. Without a plan, your pet may end up in a shelter or with someone who wasn't prepared to care for them.
4. Can I use a pet trust if I become incapacitated, not just if I die?
Yes. A major advantage of a pet trust is that it can take effect if you become disabled or incapacitated, not just at death. This is critical if you live alone or don't have someone nearby who can step in immediately to care for your pet.
5. Does a pet trust need to go through probate?
No. A properly established living pet trust avoids probate entirely. This allows for immediate care of your pet, access to funds, and enforcement of your instructions without court delays. That's why a pet trust is a preferred solution over naming pets or caregivers in your will alone.