California Pet Trusts - provide for your beloved animals in your estate plan.
What will happen to your beloved dog, cat, bird, horse or other pet if you die or become incapacitated? If you live in California the best way to ensure that your pet is provided for in the event of your incapacity or death is to establish a "pet trust".
Unless specific written provisions are made, many pets end up being displaced and even euthanized when their owners die or are no longer able to care for them. According to 2nd Chance 4 Pets, a nonprofit organization in Los Gatos, Calif., that raises awareness of this problem, nearly 500,000 pets are killed in shelters and vet offices each year after their owners die.
California Probate Code Section 15212 provides for the creation of a trust for the care of a pet or other domestic animal, so that you can not only designate a guardian to care for your pets, but you can also leave money specifically designated for the care of Fido or Tabby. A trust for your pet is essentially no different than the more common trust for children: a legal document tied to a sum of money set aside in an account with a trustee to manage the account for the benefit of the pets.
But is a trust really necessary? Why not just ask a friend or family member to care for your pets, or add them to your will? The answer is that there is no way to ensure that the friend or family member will make good on their promise, or that they will have the financial means to provide the care that your pet will need. And because a will is only effective upon death, it won't help if you are incapacitated. Wills must also go through the probate process, which can be very lengthy and delay the carrying out of your wishes for your pet.
A California pet trust, on the other hand, can provide for your pets during your lifetime if you are unable to care for them, does not have to be probated, and can be enforced not only by the named trustee or guardian of your pet, but even by "any person interested in the welfare of the animal or any nonprofit charitable organization that has as its principal activity the care of animals." (CA PROBATE ยง 15212(c))
When you work with your estate planning lawyer to prepare your plan, please be sure not to forget your pets!
