Your estate plan should include your most beloved possessions, and what’s more loved than your family pet? While this might seem obvious to some, most owners fail to realize that they need to account for their furry 
friends while estate planning.
Making arrangements for your pets in your estate plan is very important, since it will provide the money and instructions to care for your pets and make your wishes clear in the case of a sudden death. If for some reason your animals are not included in your estate planning, they face the chance of ending up in a shelter or even being euthanized. Adding your animals to your estate plan will give you a sense of ease, knowing they will be loved and taken care of when you’re gone.
First Steps In Protecting Your Pets
First, you should discuss with your family and friends your wishes about who should take care of your pets if something should happen to you. Ask your loved ones who is willing to take on the responsibility, and discuss what proper care entails. It is important to choose someone who is reliable, and aware of your expectations. You do not want to give this responsibility to someone who is not expecting it or doesn’t want a pet in their life.
What is a Pet Trust?
Once this person is identified, you should identify this person as the pet’s trustee or owner after your death, similar to the way you would list other people you are giving your assets to. You can also legally leave assets in trust to be used for your pet’s care (such as land or financial resources) to ensure that the person you name will be able to take care of your animals.
Georgia law provides that a pet trust should be terminated if the animal passes away. If the trust was created for multiple animals, then termination will come with the death of the last surviving animal. Along with this, “A trust … may be enforced by a person appointed in the trust instrument… A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.”
The Premier Trust Litigators for the State of Georgia
We understand that setting up a trust for your pet can be difficult to think about, but it is important to plan for these situations ahead of time. Otherwise, you face the possibility of a dispute breaking out over your assets, including pets, once you are gone. If you have questions about avoiding estate disputes, or are facing a dispute, contact us for a consultation!
