Taking Care of Beloved Pets: Your Estate Planning Options

Estate planning typically focuses on the management and distribution of assets to beneficiaries, guardianship for minor children, and legacy planning. However, it is equally important to include provisions for your pets in your estate plans. If you are like many people, you consider your pet to be a family member. 

Millions of people have formed close connections with their dogs, cats, horses, birds, and other animals. They want to ensure that their pet has the highest quality of care possible – even if they are not around to provide that care personally. If you are a pet lover, it is important to ensure that your estate plans properly address your beloved animal’s future. An experienced estate planning attorney can advise you on your estate planning options for your beloved pets. 

Caring for Your Pet After Your Death

Whether you have one beloved cat or multiple adorable dogs, it is important to ensure that your estate plan makes arrangements for their care after your death. 

What Happens to a Pet Immediately After an Owner Dies?

Legally, pets are considered personal property. What happens to your pet will depend on the provisions in estate planning documents you have put in place. If you have a will, trust, or other document in place, your pet will go to the person who is named in that document. If not, your pet will be given according to Illinois laws for intestate succession, which determines who gets a deceased person’s property, including pets, after they die without a will. 

How Can You Designate a Caretaker for Your Pet?

If you were to become incapacitated or pass away, who would you want to take care of your pet? This is an important question that pet owners of any age should answer. It is especially crucial if it is possible that your pet will outlive you. Consider designating a pet guardian in your estate plan so that you know your pet will be taken care of by somebody you trust.

Caring for pets can be expensive, especially if the pet has dietary restrictions, health problems, or special needs. In order to ensure that your pet caregiver has the funds needed to cover your pet’s needs, include a caregiver compensation plan within your estate planning documents.

How Should I Choose Who Will Care for My Pet When I Die?

To choose who will care for your pet, you should consider who would be the best caretaker for him or her. There are a few options for pet care after your death. Two popular options are:

• Leaving the pet to a family member or friend: If you have a trusted family member or friend, you can discuss with them whether they would be willing to care for your pet in the event of your death. 
• Choosing an organization to care for or rehome your pet: There are state and local organizations that care for pets, including the Society for the Prevention of Cruelty to Animals (SPCA) program, veterinary school programs, and private animal rescue organizations. You can make arrangements to leave your pet with one of these organizations.

Can I Give a Family Member Money to Care for My Pet?

It is possible to leave a family member money to care for a pet. The best way to do this is by creating a pet trust.

What to Know About Pet Trusts

What is a Pet Trust?

A pet trust is a legal arrangement that allows you to designate funds to be used specifically for your pet’s care. The Illinois Pet Trust Act is part of the Trust and Trustees Act and it legally allows for the use of a trust to care for pets. You can set aside funds and include detailed instructions for how those funds should be used during your pet’s life and how any leftover funds should be distributed after your pet passes away. Like other trusts, a pet trust involves designating a trustee to manage the trust assets and ensure that your pet’s needs are met and the pet receives quality care.

What Can Pet Trusts Provide?

Illinois pet trusts can provide detailed instructions for the care of your pet after your passing and through to their death, including:

• Information on who should care for your pet
• Detailed care instructions so your pet continues to be treated according to your wishes
• Financial resources to ensure that your pet is cared for 
• Instructions on how your pet should be cared for and what should happen to their remains upon their passing
• Beneficiaries for any trust funds left after your pet’s death

What Are Some Instructions You Should Include For Your Pet’s Care in the Trust?

Include instructions about all aspects of your pet’s daily and long-term care, including:

• Food
• Lifestyle
• Routines
• Toys
• Socialization
• Medical care
• Any caregiver compensation
• Liability insurance provision
• Identifying details on the pet
• Burial plans for the pet, including whether you wish to be buried with your pet.

What Is the Difference Between the Trustee, Caregiver and Beneficiary of a Pet Trust?

• The trustee of a trust is the person who manages the assets of the trust and is tasked with ensuring that the terms of the trust are carried out, including that the funds and assets you left in the trust are used for the type of care you set out. 
• The trust’s caregiver is the person responsible for the care and custody of your pet.
• The beneficiary of the trust is your pet, as well as any other beneficiaries you may wish to appoint to receive any remaining funds after the death of your pet, such as a pet welfare nonprofit. 

What Else Should You Do to Protect Your Pet?

Keep Detailed Records for Your Pet

In previous blogs, we have advised readers to keep documents with their passwords or financial information. Similarly, it is important to keep important pet-related documents and ensure that key family members know where to find these documents in the event of your incapacitation or death. It is helpful to write down the name, phone number, and location of your pet’s veterinarian, a list of your pet’s medications, and contact information for groomers, pet sitters, or other important individuals.

Communicate Your Plans to Your Loved Ones

Not everybody is in a position to be able to take care of a pet. As you choose a pet guardian and make other provisions for your pets in your estate plans, make sure you communicate these decisions with your loved ones. Have an honest conversation with the key individuals and ensure that they are up to the task. These conversations can be hard, but discussing your estate plans with your loved ones is one of the best ways to avoid any misunderstandings or disputes in the future.

Let our Naperville, IL Estate Planning Lawyers Help

Pets are cherished members of many families, and it is important to provide for them in your estate plans. For trustworthy legal guidance regarding wills, trusts, and other estate planning needs, contact our Naperville, IL estate planning attorneys. Call our office at 630-228-9413 and set up a confidential consultation to discuss your estate planning needs today.