For many individuals, pets are part of the family, so it is only natural to wonder what will happen to a pet after an owner passes away. While pets cannot inherit assets directly, there are legal mechanisms that allow for their continued care and financial support. Proper estate planning can offer reassurance that a pet will be looked after.
Can a Pet Inherit Property Directly?
Under the law, pets are considered property. Because of this classification, they cannot directly own property or receive funds in the way a person can. A pet cannot open a bank account, hold title to real estate, or manage inherited assets. However, there are estate planning tools that allow a person to provide for the ongoing care of a pet after death. These tools must be established correctly to be valid and enforceable.
What Is a Pet Trust and How Does It Work?
A ‘pet trust’ is a legally recognized arrangement that allows someone to set aside funds specifically for the care of an animal. The trust names a caregiver, called a “trustee,” who is responsible for managing the funds and making decisions about the pet’s welfare. The trustee can be the same person who looks after the animal or a different person who oversees the financial side of the arrangement.
In the trust document, the owner can outline the type of care the pet should receive, including preferences for food, medical attention, daily routines, and burial or cremation instructions. The amount of money allocated to the trust should be based on the pet’s life expectancy and typical expenses. Courts can reduce excessive funding if the amount is considered unreasonable.
What Happens if No Formal Plan Is Made for a Pet?
If there is no written plan, a pet may be left in uncertain circumstances. In such cases, the pet is usually treated as property of the estate and may be given to a family member, friend, or organization if named in the will. If there is no instruction in a will or other document, the court may assign the pet to an heir or someone willing to take responsibility. Unfortunately, this outcome does not guarantee the pet’s care or well-being.
A verbal promise from a friend or family member is not enforceable and may not be honored. For those who want more certainty about a pet’s future, creating a legal arrangement is strongly advised.
Can Someone Leave Money to a Person for Pet Care Without Creating a Trust?
Some individuals choose to leave a sum of money to a trusted friend or family member with the understanding that the funds will be used for pet care. This approach may work if the caregiver is dependable. However, because there is no legal obligation to spend the funds on the pet, there is no way to verify whether the person will use the money as intended. Without a formal structure, the funds become the property of the caregiver and may be used for unrelated purposes.
Is a Will Enough to Provide for a Pet?
A will can include instructions for who should receive a pet, but it does not create ongoing oversight or enforceable standards for the pet’s care. Additionally, a will does not become effective until after the estate is administered, which may take time. During this period, there could be no legal direction for who is responsible for the animal. That delay can be especially difficult if the pet requires immediate attention or specialized care.
Because of these limitations, many people choose to supplement a will with a trust. Doing so can provide more detailed guidance and continuous care from the moment of death.
Plan for the Future of Your Pet With the West Chester Estate Lawyers at Eckell Sparks
If you would like to make legal arrangements to care for a pet after your death, the knowledgeable West Chester estate lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can help. To schedule an initial consultation, call our Media or West Chester, Pennsylvania, office at 610-565-3701 or submit our online form. We proudly serve clients in Delaware County, Chester County, and Montgomery County.