For many people, regardless of age, a pet provides comfort, affection, and companionship for years, and this can be especially true in a person’s later years. When a person dies with a pet and there is no clear plan to take care of that pet, the pet can often end up in the hands of people that do not have a connection or obligation to that pet, with the result that many such pets end up abandoned or placed in shelters with less-than-ideal chances of being adopted.

California, however, is one of the few jurisdictions that has created clear laws by which a pet owner can provide for their pets needs after their death in a legally enforceable instrument. By working with a California estate planning attorney, you can create a trust for a family pet which mandates the specific attention and care that the pet should receive and gives designated individuals the right to enforce the terms of the trust.

How a Family Pet Trust Works in California

Under Section 15212 of the California Probate Code, a California resident can create a pet trust by placing property in the trust which will be earmarked for the care of any pet that is living at the date of the resident’s death. The trust will stay in existence as long as there are sufficient funds to pay for the trust and/or the named pets are still alive.

Potential uses for trust funds in taking care of the pet include, among others:

• Shelter
• Food
• Daycare services
• Grooming
• Veterinary services

In creating the trust, the settlor (the creator of the trust) will need to designate the trustee whose job it will be to spend the funds in the trust to take care of the pet. The trustee does not have to be the specific person actually taking care of the pet, and the trustee can disburse the funds to the actual caretakers of the pet.

To ensure that the trustee is actually carrying out his or her duties in using the trust funds in caring for the pet(s), the settlor can also designate other parties in the trust who will have the right to inspect the activities of the trustee. These parties can also petition a court to remove the trustee and appoint a new trustee if the trustee is not following through on his or her duties.

Create a Pet Trust With a Pasadena Estate Planning Attorney

Estate planning and probate attorney Christopher B. Johnson, located in Pasadena, California, has years of experience in all aspects of estate planning, and works with clients from all walks of life to create wills, trusts, and other estate planning devices that reflect their needs and those of their beneficiaries. To request an immediate consultation, contact him today at (877) 755-9178.