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Pet Trusts: What They Are and How They Work

More than a quarter (27%) of Baby Boomer households have a pet. Beezer, the cat, can be a member of the family, but what happens to Beezer after you’re gone? How can you ensure your pet will be cared for? One option is to create a pet trust. While you can give directions in your will to leave your pet to a caretaker, there is no guarantee that the caretaker will continue to care for your pet. A pet trust can provide a little more security for the pet because a third party — the trustee — is obligated to ensure the pet is cared for.

What is a Pet Trust?

A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a trustee, holds legal title to property for another person, called a beneficiary. With a pet trust, the trustee makes payments regularly to your pet’s caregiver and pays for your pet’s needs as they come up. The federal tax code doesn’t recognize a pet as a beneficiary of a trust. However, all 50 states and the District of Columbia have laws allowing pet trusts. Another option is to set up a traditional trust and place the pet in the trust along with the funds. The pet’s caregiver can be named the beneficiary. Regardless of what type of trust you use, the following are some elements the trust should include:

  • Selecting a Caretaker for Your Pet: he pet trust will need to name a caretaker willing and able to care for your pet. The caretaker should be comfortable with your animal.
  • Pet Care Instructions: The trust should include specific instructions on all aspects of the pet’s care, including the brand of food, activities the pet enjoys, and the preferred veterinarian.
  • Funding for Your Pet Trust: The amount of money necessary to fund the trust depends on the individual animal. Typically, you can leave the money to the trust in your will. Be warned that under most pet trust laws, the court can reduce the amount of caretaking funds to what it deems reasonable for the care of the pet.

If you are a pet owner in White County, Pulaski County, or Saline County, in cities like Benton, Sherwood, and Little Rock, AR, we can create a trust to care for your beloved pet.

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Searcy, Arkansas 72143

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Benton, Arkansas 72019

McClelland Law Firm, P.A. is here to help you and your loved ones understand probate and trust administration, estate planning, Medicaid planning, crisis planning, guardianship, and elder law. Our Benton, Sherwood, and Searcy law offices welcome you to contact us and learn how we can help meet your elder law legal matters in White County, Pulaski County, Saline County, and throughout Arkansas.

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