What Will Happen To My Pet If I Die?

How to provide security for your pet

Preparation of a will or trust should be thought of as a caring gift to someone you love. But what if that "special someone" is your family pet? In the course of estate planning, people are often concerned about what will happen to their pets when they die. Everyone is encouraged to prepare either a will or a trust as part of basic estate planning. It is a simple matter for pet owners to designate in their will someone to take care of their pets as well as a tidy sum to be reserved for the pet's expenses (food, vet bills, toys, etc.).

Honorary Trust

You can establish a special type of trust called an "honorary trust" in which you give the pet, along with a certain sum of money, to a friend or family member. The money is earmarked for feeding, veterinary bills, maintenance, and any other aspects of the animal's care. If the designated person can no longer care for the animal, then the animal and the money go to the next person named in the honorary trust.

Special Circumstances

In certain situations, you may want to include a special clause in your will or trust to protect the animal(s) from being used for research or testing. You may want to leave a portion of the estate to the SPCA or another animal protection organization.

The Living Trust Solution

A living trust provides all the benefits of a will and none of the drawbacks, and can also be used to ensure your pet will be well cared for. Living trust services are available for a flat fee that includes a free initial consultation; a package of documents including the living trust, pour-over will, durable powers of attorney, and new deeds; and, perhaps most important, unlimited telephone calls and office visits for trustees and beneficiaries during the process of establishing the trust.

Attorney and pet owner, Deborah A. Malkin has practiced law in Santa Cruz, California since 1988. She specializes in wills, trusts, and other forms of estate planning, as well as probate matters.

Deborah A. Malkin
Attorney at Law
2425 Porter Street, Suite 15
Soquel, CA 95073
831.462.9100
dmalkin@malkintrust.com

Please call for a complimentary initial consultation.

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