Pet Trusts in California: Ensuring a Secure Future for Your Pets
As pet owners, we often view our pets as family members, providing unconditional love, comfort, and companionship. When considering estate planning, it’s essential not to overlook your pets’ future. While planning for the people in your life is important, ensuring your pets are cared for after your passing is equally vital. In California, a Pet Trust is one of the best ways to make sure your pets receive the care and support they need when you are no longer around.
At Devey Law, we help our clients integrate Pet Trusts into their estate plans, ensuring pets are well cared for and financially supported, regardless of what happens in the future. Let’s dive into what a Pet Trust is, how it works in California, and the relevant California Probate Code that governs these trusts.
What is a Pet Trust?
A Pet Trust is a legally binding trust designed to provide for the care of your pets after your death or incapacity. It allows you to set aside funds specifically for your pet’s care and appoint a caregiver who will ensure that your pet’s needs are met. Unlike provisions in a will, which may not always be legally enforceable, a Pet Trust provides financial security and enforceable instructions for your pet’s future.
Why Should You Consider a Pet Trust in California?
Legally Enforceable Care: In California, pets are considered personal property under the law. This means that unless specific provisions are made, the law may not recognize your pet as a "beneficiary" of your estate. A Pet Trust ensures your pet’s care is legally enforceable, guaranteeing that the funds set aside for their care are used for their benefit and that your caregiver follows your instructions.
Financial Security: You can fund a Pet Trust with a designated sum of money to cover your pet’s expenses, such as food, veterinary bills, grooming, and other necessities. The trust is designed to ensure that your pet will continue to live a healthy and comfortable life, with no financial burden on the caregiver.
Peace of Mind: By creating a Pet Trust, you can rest easy knowing that your pet will be cared for in the manner you desire, even after you are gone. It removes the uncertainty of how your pet will be cared for by legally binding instructions, making sure their well-being remains a priority.
How Does a Pet Trust Work in California?
A Pet Trust works by creating a fiduciary relationship where the trustee manages funds and ensures your pets’ care according to your wishes. Here’s how you can structure one:
Choose a Trustee and Caregiver:
Trustee: The trustee is responsible for managing the trust funds and ensuring that the money is used for the care of your pets. This person must be someone trustworthy who understands your pet’s needs.
Caregiver: The Caregiver is the person responsible for taking care of your pet on a day-to-day basis. It’s crucial to choose someone who is reliable and capable of fulfilling this responsibility.
The trustee and caregiver in a Pet Trust can be the same person, but many prefer to keep them separate for added accountability. This way, the trustee ensures funds are used as intended while the caregiver focuses on your pet’s well-being
Specify Pet Care Instructions: You’ll be able to outline specific instructions for your pet’s care, including their dietary needs, medical care, and daily routine. You can also set rules for things like where your pet should live and whether they should be kept indoors or outdoors.
Funding the Trust: You’ll need to allocate funds to cover your pet’s needs. Consider how much money your pet will need for their lifetime, accounting for food, veterinary bills, and other potential costs. The trustee will use these funds to provide for your pet’s care.
Termination of the Trust: A Pet Trust typically terminates when the last surviving pet passes away. At that point, any remaining funds can be distributed according to your wishes, whether to another beneficiary or a charitable organization, for example.
The California Probate Code and Pet Trusts
In California, the Probate Code provides legal authority for creating a Pet Trust. California Probate Code Section 15212 is the key statute that governs Pet Trusts and allows for the establishment of a trust for the benefit of a pet. According to this section, you can create a trust for the care of one or more animals, and the trust will remain valid even if the pet outlives you.
The code provides the following essential elements:
Valid Purpose: The trust must serve a valid purpose, which in this case is the care of your pet.
Enforceability: The trustee is legally obligated to follow the instructions in the trust and to use the funds only for the care of the animal(s).
Duration: The trust can last for the pet’s lifetime, terminating upon the pet’s death. If there are any remaining funds after the pet passes away, those funds can be distributed according to your directions.
How Devey Law Can Help
At Devey Law we practice in Estate Planning and understand the importance of ensuring that your pets are cared for according to your wishes. We can help you create a Pet Trust that reflects your unique desires for your pet’s future, ensuring they receive the proper care, attention, and financial support.
Whether you're interested in setting up a Pet Trust or need assistance with incorporating it into your existing estate plan, Devey Law is here to guide you every step of the way.
Contact Devey Law for Your Pet Trust
If you're ready to ensure your pet’s future is secure, contact Devey Law today. We’ll help you create a comprehensive estate plan that includes a Pet Trust, providing your pets with the care they deserve when you're no longer around. Schedule a consultation with us today to get started!
At Devey Law, we care about both you and your pets. Let us help you protect your pet’s future with a Pet Trust that ensures their care for years to come. Reach out now to discuss your options!
Need help with Estate Planning, Trust Administration, Probate, or Business Law? Devey Law is here for you. Call us at 805.720.3411 or email info@deveylaw.com to schedule a consultation.
This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship between you and Devey Law, A Professional Law Corporation. Laws and regulations may change, and the information provided may not reflect the most current legal developments.
Legal References:
ASPCA — Pet Trust Laws
California Probate Code § 15212 — Trusts for the Care of Animals
