OUR SERVICES

Ensuring Your Pet’s Future: A Comprehensive Guide to Pet Trusts

Explore the essentials of pet trusts with Wood Law Group. Learn how to secure your pet’s well-being with legal insights and guidance in estate planning.

How an Estate Planning Attorney Can Help You Create a Pet Trust

Millions of animals are estimated to be euthanized in the U.S. each year. A significant number of these deaths are due to economic euthanasia, which means that the animals were put to sleep due to the lack of funds.

As a pet owner in Nevada, you might be worried about such a fate befalling your beloved animal due to your passing, incapacity, or a change in your financial circumstances. Fortunately, Nevada law allows you to provide for your pet and ensure their well-being even in your absence by creating a pet trust for their benefit.

Trusts generally are creations of law and must comply with certain statutory requirements to be valid and effective. The trust lawyers from Wood Law Group can help you navigate the trust creation process and create a valid pet trust to ensure your beloved companions can receive the care they need throughout their lifetime.

Please read on as we explain how pet trusts work and some of the legal requirements or considerations for an effective trust.

Understanding Pet Trusts

pet trust is a legally enforceable arrangement that enables pet owners to make arrangements for their pets’ upkeep and care in the case of their incapacity, disability, or death. Since you cannot leave money to your pet directly under the law, pet trusts are a way for you to provide financially for your pet and leave specific instructions for their care as long as they live.

This type of trust functions like a regular trust, even though a pet animal is the primary beneficiary. A trustee is chosen by the pet owner (sometimes referred to as the “grantor” or “settlor”) to keep and oversee funds designated for the pet’s care. 

The pet’s care instructions, including feeding, housing, veterinary care, and any other particular requirements they might have, are outlined in detail in the trust document.

Types of Pet Trusts

There are three types of pet trusts: honorary, traditional, and statutory.

  • Honorary Pet Trust: Under an honorary pet trust, the pet owner leaves a certain amount to a person designated to care for the pet after the pet owner dies. Honorary trusts should be avoided, as courts typically rule that they are not legally enforceable arrangements.

  • Traditional Pet Trust: In a traditional or common law pet trust, the pet is left to a caretaker when the owner dies. The trustee of the pet trust is required to distribute funds to the caretaker to pay for the pet’s expenses.

  • Statutory Pet Trust: Here, the pet is left to the trust, with the trustee as the new owner. A designated caregiver will provide day-to-day care for the pet.

You might wonder which type of pet trust is appropriate for you and your pet. In that case, you’ll need to consult a skilled Trust lawyer in Las Vegas who can explain the pros and cons of each type in detail to help you make an informed decision.

Creating Effective Pet Trusts: Legal Considerations

Asking a family member to care for your pet after you pass is not enough to constitute a pet trust. To properly provide for your pet, you’ll need to consider the legal requirements for valid Nevada trusts and certain practical elements to ensure that your pet trust is effective and can be enforced even in your absence.

To create a functional pet trust under Nevada’s pet trust laws, you’ll need to do the following;

 Select a Trustee

The trustee will administer the trust according to the law and the details in the trust instrument. A trustee can be an adult of sound mind or a trusted company licensed for that purpose. But whoever you choose must be reliable and capable of handling the trust responsibly.

If you fail to appoint a trustee at the point of trust creation, the court will appoint one. Such an appointment may not align with your wishes, hence the need to make the designation yourself.

Select a Caregiver

The caregiver will be in charge of the pet’s daily care. They must be a trusted person who can give the same level of care as you, the owner.

It is also wise to designate at least two caregivers so the other can take over if one cannot perform their role.

Appoint a Trust Protector

Trust protectors can wield wide powers under Nevada law, including the power to;

  • Modify or amend the trust instrument to achieve a more favorable tax status or respond to federal or state law changes
  • Remove or appoint a trustee
  • Terminate the trust
  • Approve or veto distributions from the trust fund
  • Review and approve the trustee’s financial or accounting reports.

However, the specific authority of a trust protector is tied to the trust instrument under which they are appointed. You can empower your trust protector to frequently check in on the pet and ensure the trustee keeps to the terms of the trust, taking appropriate action if they are not.

Specify the Beneficiary

You can create a pet trust to benefit one or more animals. However, each pet beneficiary must be clearly and accurately identified or described in the trust document to avoid any ambiguity that could make enforcing the trust difficult or lead to fraud.

Assess the Pet’s Financial Needs

To properly provide for your pet, you need to fund the trust with an amount or assets sufficient for the pet’s care and maintenance for as long as you want the trust to last. You’ll also need to consider the expenses of managing the trust, payments for the caretaker, or anyone else who needs to be paid for the trust to function properly.

But if the amount of money you leave is grossly too much for the pet’s needs, it may be contested in court and awarded to the person who would have been entitled to it had the trust not been created. You can seek legal advice from an experienced trust lawyer to prevent this from happening.

Common Provisions in Pet Trusts

Care and Maintenance

The trust document should have specific information about the pet’s standard of care. Details such as frequency of veterinary care and groomer visits, sleeping arrangements, food preferences, daily routines, and other arrangements will be helpful. The document should also anticipate the needs of the pet as it ages.

End-of-Life Arrangements

Leaving medical care instructions in case of terminal illness will be helpful for both the pet and caretaker. Make sure to specify how the pet will be handled when the pet dies.

The trust document must also specify how the trust property will be distributed if there are remaining funds in the trust after the pet’s death. If you wish the remaining funds to go to a specific person or a charity, it must be clearly stated.

Wood Law Group’s Approach to Pet Trusts

At Wood Law Group, we understand how much your pet means to you. As experienced trust lawyers, we can help you create a watertight pet trust to ensure the well-being and future of your beloved animal companion when you are no longer around.

We give pet trusts the same attention and diligence as trusts for human beneficiaries. You can trust us to help you protect your pet to the maximum extent possible under the law and secure their standard of living.

Contact Us Today

Even though the life expectancies of animals are not as long as humans, pets can still outlive their human parents. Hence, it is important for you as a pet parent to ensure that your pet remains cared for no matter what by creating a pet trust.

The experienced trust lawyers at Wood Law Group offer personalized guidance and tailored legal solutions to help you secure the future of your loved ones and achieve peace of mind.

No matter how many animals you have or how complicated you think your case is, contact us today to book a consultation. Let us help you get started as you work to secure adequate maintenance and care for your pet as long as they live.