Have you ever looked over at your dog curled up on the couch, or your cat sunbathing in the window, and thought, “What would happen to them if I wasn’t here?”.
You’re not alone. As estate planning attorneys in California, this is a question we hear more often than you might think. Our pets are family. But under the law, they’re considered property, which means if you don’t have a an estate plan in place and name a chosen caretaker, friend or family member, their future could be uncertain.
At Best Coast Estate Law, P.C., we help California families plan not just for their assets, but for the people – and in this case, pets – they love most.
What really happens to your pet if you die, and more importantly, how do you make sure they’re protected?
A Pet Owners Guide To Estate Planning
If you pass away without a will or trust, California’s intestate succession laws take over. That means your estate—including your pet—will be distributed according to a default legal obligation. A judge won’t know who your pet loves, who’s allergic to cats, or which family member is already raising three toddlers and can’t possibly take on another responsibility.
Without any instructions in place, your pet could:
- Go to the person who inherits most of your estate, regardless of whether they want the pet or not.
- Be passed between family members until someone agrees to care for them.
- End up surrendered to a shelter if no one steps up.
The last thing you want is for your beloved pet to end up scared, stressed, or in the care of someone who doesn’t really want them for the remainder of their life. That’s why including pet planning, or a pet trust, in your estate documents is so important.
Including Pets in Your Will or Trust
A will allows you to name who should receive your pet and become the new pet owner after you die. While that’s a good first step, it doesn’t go quite far enough. A will can’t enforce how your pet is cared for, and it doesn’t kick in until the court processes it—sometimes weeks or months after death.
A better option? A pet trust, which can be included as part of their living trust-based estate plan.
What You Can Do With A California Pet Trust:
- Name a caretaker for your pet (someone who agrees in advance).
- Designate backup pet caretakers in case your first choice can’t serve.
- Leave money aside specifically for your pet’s food, veterinary care, grooming, and other needs.
- Provide detailed instructions on their care, routines, veterinary records, and preferences.
- Appoint someone to oversee the funds and make sure the money is actually used for your pet.
A pet trust becomes effective immediately upon your incapacity or death, and it provides legal protections that a simple will can’t offer.
How Much Money Should I Set Aside in a Trust Fund?
That depends on your pet’s age, health, and lifestyle. A senior dog with medication needs will likely require more funds for veterinary medicine in the pet trust than a young cat with no health issues. Other animals may also have specific unique needs beyond the typical cat or dog. We typically suggest estimating annual care costs, multiplying that by the number of years your pet is expected to live, and adding a cushion for emergencies.
If you have several other pets, you’ll need to plan accordingly and make sure they are all accounted for.
You don’t need to leave your pet millions in the pet trust (although some celebrities have!). You just need to make sure the pet’s caretaker has enough to cover their expenses, and that there’s a legal obligation that the money is for the pet, not a windfall.
What About Making Plans When I’m Temporarily Incapacitated?
An estate plan can also help pet owners in situations where you’re unable to care for your pet—say you’re hospitalized or incapacitated.
A well-drafted power of attorney or living trust can authorize family member or friend to take immediate responsibility for your pet, without waiting for court approval.
This kind of planning ensures your pet is never left in limbo.
Tips for Choosing a Caregiver
How To Think About Choosing a New Owner:
- Their lifestyle (do they work long hours? Travel often?)
- Their relationship with your pet
- Their willingness and ability to claim ownership
Always have a conversation with the person you’re naming, and choose backups just in case. Some people also choose to name a local rescue group or animal shelter as a last resort, with instructions and funding to ensure their pet is placed in a good home.
Let’s Make Sure Your Pet Is Covered
If you’ve been wondering “what happens to my pet if I die?,” it’s important to take control of the answer and account for your pet’s life in an estate plan.
At Best Coast Estate Law, P.C., we believe estate planning should be personal, flexible, and compassionate. Whether you’re in Los Angeles, Palm Springs, or anywhere else in California, we’re here to help you craft a plan that includes every family member—furry ones included.
Want to talk about pet trusts or planning for your whole estate?
Schedule a free consultation with us today and let’s make sure everyone you love is taken care of.
