PET TRUSTS

More than forty states now allow the formation of a trust for the care of our pets in case of our incapacity or death.  With the impending adoption of the Uniform Trust Code, which contains a provision allowing pets to be beneficiaries of trusts, Connecticut may join this group of states.  Presently, Connecticut law requires a human to be a beneficiary of a trust, although this author has drafted creative ways around this requirement.  Without proper planning, many pets are either not cared for as the pet owner intends or euthanized.  So how may we ensure the proper, loving care for our pets in case of our incapacity or death?

Without establishing a trust, we can only hope that the person we informally appoint to care for our pets will abide by our oral instructions.  This, of course, assumes we have asked someone to care for our pets and discussed the type of medical care, recreational activities, toys for play, etc., we desire for our pet.  Without a special appointment, upon our death our pet is treated as personal property and the pet’s ownership passes to the person receiving our personal belongings, such as our car, jewelry or household furniture.  With a trust established for our pet’s benefit, we designate a trustee to compel the appointed caretaker to abide by the activities of care for our pets that we define in the trust.  Our desires are memorialized and binding and thus enforceable.

We may even wish to create the trust while alive instead of upon our death.  This type of trust is called an inter vivos trust and it becomes effective upon our signing it.  This trust not only provides for our pet’s care upon our disability, but if properly funded avoids the probate process upon our death. Some factors to consider when establishing your pet trust:

1. Appoint a trustee (and successor), who is not the caretaker, to enforce upon the caregiver the level of care you mandate in the trust.  
2. Carefully consider the caretaker you choose to take care of your pet.  Consider creating a committee of people who would select a successor caretaker in case of the initially appointed caretaker’s death, inability to care for your pet or removal by your trustee.  The committee could include trusted family members, friends or your veterinarian.  The caretaker should not be the ultimate beneficiary of any left-over funds held in the trust when your pet dies.
3. With an inter vivos trust, ownership of your pet could be transferred to the trust immediately upon your disability or death, immediately, thus avoiding the time delay of the probate process.
4. Clearly establish in the trust the standard of care you wish your pet to have for such areas as food, shelter, medical services, grooming, walks, socialization, diet, boarding, care (and expense) for fatal illnesses and parameters for death, including burial/cremation/ceremony desires.  Also consider expenses for emergency care and fees for your trustee and caregiver.
5. Specifically identify your pet, with a microchip number, DNA, photographs or registration papers.
6. Ultimately, you must have a remainder beneficiary (or beneficiaries), who receives any remaining funds held in trust upon your pet’s death.  Options include family members, veterinarian organizations, and charitable gifts to organizations concerned with animal safety, humane shelters or preservation of a breed.

With a little aforethought, our pets can continue to enjoy the same level of love and care we now provide them even when we are unable to do so personally.

By Vincent A. Liberti Jr., J.D., LL.M. in Estate Planning and Elder Law; Partner Pepe & Hazard, LLP