Planning Your Pet's Future

Use these links to jump to different sections:

• Appointing Caregivers for Your Pet
• What to Consider in a Pet Trust

To say that pets are family members doesn’t quite encompass the depth of feeling that comes with loving and cherishing a furry, feathery, or scaly member of the clan. As with all facets of estate planning, the responsible thing is to have formal arrangements in place for the care of your beloved pet in the event of your death.

In May 2016, Minnesota passed legislation codifying your ability to set aside money and provide care instructions for your animal after your death. Pet trusts are now available in the state of Minnesota. These trusts can provide for your pet in case of emergency or your death. Here is how they work.

Appointing Caregivers for Your Pet

Under the law, you or a legal counsel will have to name two people to legally bind themselves to care for your animal:

1. A trustee of the actual funds or assets placed in your pet trust; and
2. An enforcer, who is someone you trust to ensure your animal is cared for according to the terms of your trust.

Before this law, pet owners had to make informal arrangements to set money aside and task someone with taking care of their pet. Such arrangements did not, however, come with accountability, and the animals’ care plan was not always met. The law provides the pet with a trustee as well as a stalwart protector.

What to Consider in a Pet Trust

Pet owners should predict all possible outcomes that could occur when making a trust. If you outlive your current pet and a new animal enters your life, your plan should reflect it. The same goes for the opposite: If you need to be taken care of and your pet is left alone.

Fortunately, with the creation of pet trusts, the guesswork and worry about the care of your pets can be alleviated. You can—and should—specify the standard of living that your pet currently enjoys and should enjoy in the future, as well as leave detailed information on what should be done if the pet passes away.

In any event, life is unpredictable. For more information on this area of law, see our overviews of animal law and estate planning. If you’re interested in a pet trust, contact a reputable estate planning attorney for peace of mind. If you don’t look out for the future of your pets, who will?