Pet Trusts

Estate Planning, and Elderlaw Attorney

Monty L. Donohew


If you are concerned about what might happen to your much-loved pet after your death, you should consider a pet trust to provide for the continuing care and well-being of a particular animal or animals. Our office has drafted pet trusts for cats, dogs, horses, exotic birds, llamas, alpacas, reptiles, and ostriches.

Pet trusts are legal in the State of Ohio, and are recognized in some form in Arizona, California, Colorado, Hawaii, Missouri, Montana, New Mexico, New York, Nevada, North Carolina, Oregon, Tennessee, Utah and Wisconsin. Check with your state attorney general or your local Humane Society to find out the status of the law in your state.

You can choose for a pet trust to take effect upon your death or any disability that prevents you from caring properly for your pet. You can fund the trust with enough property or cash to care for your pet for his or her expected lifetime. The trustee can make payments on a regular basis to your pet’s caregiver, and pay for your pet’s miscellaneous expenses as they arise.

It’ is important to be as specific as possible in drafting a trust for your pet. You’ll want to consider:

·The name and address of a trustee and alternate trustee;
·The name and address of a caregiver and alternate caregiver;
·Detailed information identifying your pet (such as microchip, registration or DNA info);
·Instructions for the trustee to regularly inspect the pet to prevent fraud, neglect, and harm;
·The standard of living and care you wish for your pet;
·A detailed description of the property that will fund the trust;
·Information on how the remainder of the trust should be distributed once your pet dies;
·Instructions on the final disposition of your pet’s body.

You know your pet’s habits and preferences better than anyone, so you should be as detailed as possible to insure that your pet gets the care he or she is accustomed to. You’ll probably want to include such details as:

·The type of food your pet prefers;
·Exercise routines, such as walks in the park;
·How often your pet visits the vet, and vet maintenance routines;
·Any chronic health conditions for which your pet must take medication or receive regular health treatment.

There are numerous additional considerations; we would be happy to meet and discuss them with you.

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