At the Kushner Legal Corporation, we understand that for many pet owners, their furry, feathered, or scaly companions are more than just animals—they are cherished members of the family. As part of our customized and personal approach to estate planning, one of the first questions what concerns our clients have in respect of their pets.

Ensuring that pets are cared for in the event of an owner’s incapacity or passing is a critical concern, yet it is often overlooked in estate planning. In California, incorporating pet provisions into a revocable living trust is a smart and legally sound way to secure a pet’s future care.

Why Include Pets in a Revocable Living Trust?

Pets are legally classified as property under California law. This means that, without specific arrangements, a pet could end up in a shelter or under the care of someone who may not be the best fit. By including pets in a revocable living trust, owners can ensure their beloved animals receive proper care and financial support if they are no longer able to provide for them.

A pet trust, which can be part of a revocable living trust, allows owners to outline detailed instructions regarding:

• The appointed caregiver(s)
• Financial resources for the pet’s care
• The pet’s daily routine, dietary needs, and medical care
• Successor caregivers in case the primary caretaker cannot fulfill the role
• End-of-life decisions and veterinary considerations

Creating a Pet Trust in California

Under California law (Probate Code Section 15212), pet trusts are legally recognized and enforceable. When creating a pet trust within a revocable living trust, consider the following key components:

• Naming a Caregiver

  Choose a responsible and willing individual to care for your pet. It is advisable to discuss this arrangement with the chosen caregiver beforehand to ensure their commitment. Naming a successor caregiver as a backup is also wise.

• Appointing a Trustee

  The trustee manages the financial resources allocated for the pet’s care. The trustee can be the same person as the caregiver, but appointing a separate individual can help ensure that funds are used appropriately.

• Allocating Funds

  Estimate your pet’s lifetime expenses, including food, medical care, grooming, and boarding costs. Setting aside a reasonable amount of money will help ensure your pet’s needs are met without financial strain on the caregiver.

• Providing Care Instructions

  Detailing your pet’s diet, medical conditions, exercise routines, and grooming preferences ensures continuity in their care. Some owners even specify particular veterinarians or pet insurance policies.

• Determining the Remainder Beneficiary

  Decide what happens to any leftover funds in the pet trust after the pet’s passing. Many owners choose to donate the remaining amount to an animal charity or distribute it to family members. Many of our clients choose to name a charitable foundation as the remainder beneficiary in the event that funds in pet trust are not exhausted. Some popular charities include:
  Los Angeles Animal Services
  California Animal Welfare Associaiton
  Vanderpump Dog Foundation

Advantages of a Pet Trust Over a Will

While a pet can be mentioned in a will, there are limitations. A will only goes into effect upon the owner’s death, leaving a gap in care if the owner becomes incapacitated. Additionally, a will does not provide ongoing oversight to ensure funds are used for the pet’s benefit. In contrast, a revocable living trust with a pet provision offers immediate protection and continued oversight.

Final Thoughts

Incorporating pet provisions into a revocable living trust provides peace of mind, knowing that beloved pets will receive the care and resources they need. By legally securing their future, pet owners in California can ensure their loyal companions continue to live happy, healthy lives even in their absence. At Kushner Legal Corporation, we recognize and the value the importance of pets in the lives of our clients and ensure that are important considerations through every aspect of our comprehensive estate plans.

Contact Kushner Legal Corporation today to discuss setting up a customized and comprehensive estate plan for you, your family and your pets.