Almost all of Americans think of their pets as family members.Pets are included in end-of-life plans to make sure they are taken care of when you no longer can.Although you could always include your pets in your will, it can take months for wills to be finalized.Pets' lives may be in danger in the meantime.Every state recognizes pet trusts.A pet trust goes into effect immediately, unlike a will.Unlike a will, a trust can take effect before you die if you are unable to care for your pets.
Step 1: Talk to family and friends.
The person you choose to be your pet trust's Trustee should be organized and good with money.You should choose one person to act as a Trustee and someone else to be a guardian.The guardian takes care of your pets on a daily basis while the Trustee manages the money.Even though you could have the same person in both roles, having two people ensures that the trust is being administered properly and your pets are being cared for.If you've already chosen a personal representative for your will or another trust, you may want to consider making that person Trustee of your pet trust as well.
Step 2: Potential candidates to be interviewed.
You should discuss the position with each person you are thinking about naming as a Trustee.If you want the Trustee to make regular inspections of your pets' conditions with their guardian, the person's location will have some bearing on your decision.If the person already has a role in your estate planning, make sure he or she is capable of handling the additional responsibilities that will come with being in charge of your pet trust.
Step 3: Tell us about the responsibilities of being a Trustee.
Being a Trustee is different from being your pets' guardian because of how you plan to structure the trust.The trust funds are managed by the trustees according to the terms of the trust document.The trust requires the guardian to care for your pets and the Trustee is responsible for conducting regular checks.If your pet's guardian isn't following the terms of the agreement, your Trustee will need to go to court.
Step 4: A backup could be named.
If the person you've chosen is unable to carry out the duties when the time comes, you should name someone else who will be able to step in.If your first choice is unavailable, having at least one alternate can prevent delays and ensure that your pets are taken care of.
Step 5: Talk to family and friends.
The guardian of your pets should be someone who knows how to take care of them.Most people choose people who are familiar with their pets.Knowing that your pet likes and gets along with the guardian you've chosen can be just as important as choosing someone you trust to take good care of your animals.The person you choose as your guardian should have the temperament and facilities to care for your pet.If you own a mastiff, your sister who lives in a small studio apartment may not be the best choice to look after it.
Step 6: Potential candidates should be interviewed.
Before you make a final decision on who will be the guardian for your pets, you may want to talk to several people.The location of the person's home may affect your decision.If your sister lives on the other side of the country, she may not be able to come and get your pets right away.Whether a candidate can act as a guardian of your pets depends on where he or she lives.If you own pet ferrets, you should choose a guardian who lives in a state where it's legal to keep them.California has made it illegal.Make sure you understand the legal requirements when evaluating candidates for guardian.Depending on where the long-term guardian you've chosen lives, you also may want to name someone as an emergency or temporary caretakers who can look after your pets until the guardian comes to collect them.
Step 7: There are requirements for taking care of pets.
The person you choose as your pet's guardian should have a good idea of their daily needs.Explain that your trust will be legal.If there is any aspect of your pet's care that a potential guardian thinks will be difficult to follow, you need to discuss it with him or her.You can adapt your requirements to work with a potential guardian's lifestyle and schedule.If your first choice for guardian doesn't get home until 6 p.m., it's probably doable for your dog to wait two hours, but you'll need to make it.
Step 8: Potential guardians should be aware of your pets' special needs.
If you have a pet with medical conditions or other special needs, the person you choose as guardian should be prepared to meet those needs.If you have a pet who gets seizures and requires medication several times a day, you should choose a guardian who is able to provide that medication on the same schedule.If your brother works 10-hour days, six days a week, he wouldn't be the best choice.
Step 9: If you want backup guardians, choose them.
If the person you choose is unable to care for your pets, you should have someone else listed.You should consider having more than one guardian.This is dependent on the number and types of pets you have.If you have a dog and a cat, and your chosen guardian is allergic to cats, you may want to choose a different guardian.
Step 10: Decide what type of trust you want.
When the provisions of the trust will take effect is determined by the type of trust you create.Inter vivos trust is something you can create and it will go into effect during your life.If you become incapable, the people you have named as trustees and guardians will take care of your pets.Suppose you are in a car accident and have a significant head injury which causes you to go into a coma.While you were unable to do so, your pets would be taken care of by the guardians and trustees you'd chosen.When you die, a testamentary trust only goes into effect.If you were still alive but unable to care for your pets, it wouldn't provide for them.
Step 11: Determine how much you need to care for your animals.
To make a realistic assessment of your pets' costs, check your records.If you want the trust to cover your pets' expenses for the rest of their lives, you need to make an assessment of how long they will live.You should consider the living situation of your guardian.If the person you've named as guardian is a renter, he or she may have to pay additional deposits or pet fees.Your calculations of how much money should be included in the trust should include these costs.To maintain your pets' standard of living, the amount of money you give in your trust should not be more than the cost.How much money will be needed to administer the trust should be determined by you.Depending on the size of your trust, it may include banking or legal fees, as well as a stipend for your Trustee.
Step 12: You can search online for forms or templates.
It is possible to find a free or low-cost pet trust template online that you can use as a guide to create your own trust for your pets.You need to make sure that the template complies with the law in your state.There is a list of pet trust laws at the ASPCA.An attorney who specializes in estate planning is a good choice.If you've had an attorney draw up your will or other estate planning documents, you may want to work with him or her to ensure your pet trust complies with your state's laws.Most states require specific legal language in order to create a pet trust.If you're not sure you can find and use this language yourself, an attorney may be necessary.If your trust documents don't follow the rules of your state, it may be recognized by a court as an "honorary trust," but its terms are not legally binding.
Step 13: If you have any back-ups, identify your guardian and Trustee.
The names of the people you've chosen to administer the trust and take care of your pets, as well as contact information for each of them, should be included.If one of the people named moves to a different location or changes his or her phone number, be sure to keep your trust documents up to date.
Step 14: Identification of the pets covered by the trust is necessary.
To avoid the need to update the trust through the years, you may wish to name your pets specifically or use a more general description.It's possible to identify your pets as you please.You can include that information if you have had your pets microchipped.You may want to include information about the pets covered by the trust.You can say the trust to cover any and all pets owned by you at the time of your death or illness that renders you unable to care for them.
Step 15: Tell us about your pet's standard of living.
Depending on how much freedom you want to give your pet's guardian, your description can be as detailed as you please.You can include your pet's preferences in their trust if they prefer a specific brand of food or activity.The name and address of your pet's vet should be included.Keep in mind that your pet won't be able to communicate these preferences to the guardian, so feel free to be as detailed as necessary.If your dog is attached to a toy, you may want to list it in the trust with a description so he won't be without it.If you take your pet to a specific groomer, make sure you give them information about the company and the services they receive.List the name and dosage of the medication your pet gets.Don't depend on your vet to give this information to your pet's guardian.
Step 16: The Trustee should be provided for regular inspections.
Your Trustee acts as your representative to ensure that the terms of your trust are followed.The money provided by the trust must be used for the care of your pets.
Step 17: Designate a beneficiary.
Depending on how your trust is structured, you may need to specify what will happen to the money left in the trust after your pets have died.The trust terminates when there are no surviving animals.Alaska only allows pet trusts for a maximum of 21 years.It is not necessary for your remainder beneficiary to be a person.The local Humane Society or a nearby animal rescue could be specified as the recipient of any remaining funds.
Step 18: The final disposition of your pets should be listed.
Your pet trust can be used to specify how your guardian should handle the deaths of your pets.If you prefer a particular pet cemetery, you can list that as well.Money should be included in the trust for handling your pets' remains after they die.