Pets provide companionship, devotion, and love, and many of us find great meaning and joy in sharing our lives with them. They truly are family members, and as such, it’s worth considering how your estate plan can provide for your pets if you pass away. 

Life is unpredictable, and any pet could potentially outlive its owner. Some pets in particular can be expected to have long lifespans that require planning ahead. For example, exotic birds like parrots and cockatoos usually live at least 20 years, and some have reportedly reached the age of 100! Horses have an average lifespan of 25-30 years, and turtles can live up to 50 years. 

Planning for the Future Care of Your Pets 

Regardless of the type of pet you have, a common concern for pet owners is deciding who would take their pets and physically care for them after the owner’s death. As a pet owner, there are things you can do to think ahead and be prepared. 

1. Ask family members how they feel about taking your pets. As with many other topics that are worthy of discussion as part of estate planning, it’s prudent to find out if loved ones are willing to take in your pets. They may be delighted to have them, or they may prefer to not have the responsibility or expense of pet ownership. 
2. Write your intentions down. As part of meeting with an estate attorney, bring your concerns and ideas about your pets and their care as part of your worksheet of topics to talk about. Consider including information about your pets, such as pet insurance, medications, and preferred veterinarian, in a Letter of Instructions.    
3. Enlist the help of a trusted fiduciary. When someone dies, it’s important to have a trusted fiduciary in place who will carefully work through the tasks that are required after a person’s death. The fiduciary will be responsible for ensuring that your pets are cared for in the manner you envision. 
4. Minimize the possibility of post-death disputes. If you think that family members will disagree about who should take your pets, you can take steps to address conflicts before they arise. Family tensions can lead to post-death disputes and misunderstandings, and you don’t want your pets’ needs to be overlooked in the process. 

Trusts and Your Pets 

Estate planning instruments such as Wills or Trusts can contain language specifying what you would like to happen if you die before your pets. Trusts can be used for many different purposes and are a versatile estate planning tool. In 2010, the Georgia Legislature enacted a law allowing for the creation of trusts for animals. A pet trust enables you to select a caregiver for your pet and provide money to that person to cover care for your pet. While you can simply make a bequest to a pet caregiver, an outright bequest does not prevent the recipient from dumping your pet and keeping the funds. A pet trust helps ensure that the money you leave for a pet’s care is actually used for that purpose. 

In addition to a pet trust that would directly benefit your animals, you also may consider charitable gifting through your estate to an animal organization that is meaningful to you. 

The estate planning attorneys at Morgan & DiSalvo serve clients all over the Metro Atlanta area and would be pleased to meet with you about your estate planning needs and planning ahead for your pets in a way that gives you peace of mind. Please call (678) 720-0750 or email info@morgandisalvo.com.