Thoughtful care for the companions who depend on you.
California law allows you to establish a trust for the care of your animals. A pet trust sets aside funds for their care, names the person who will provide it and the trustee who will oversee it, and gives your wishes legal force if you become unable to care for your companions or pass away.
A court may reduce the funds held in a pet trust if they substantially exceed what the animals’ care reasonably requires.
Affection, given legal force
The law regards an animal as property, so a companion cannot inherit in its own right. A gift left to a friend with the hope that the friend will provide care creates no enforceable duty; the funds become that person’s to use as they see fit. A will, moreover, takes effect only at death, may be delayed by probate, and offers nothing during a period of illness or incapacity.
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A pet trust addresses each of these concerns. Under section 15212 of the California Probate Code, a trust for the care of an animal alive during your lifetime is valid and enforceable. The funds may be used only for the purpose you intend, the person you appoint can enforce your instructions, and the trust ends when the last animal it covers has died.
Those whose companions are family
- Anyone whose companion may outlive them, or may need care during a period of incapacity
- Owners of animals with long lifespans or particular medical needs
- Those without an obvious family member to assume care
- Anyone who would rather settle these arrangements now than leave them for family to resolve
Care, oversight and a sensible budget
We design the trust so that responsibility is thoughtfully divided. A caregiver provides day-to-day care; a trustee holds the funds, pays for that care and confirms that your wishes are honored. Separating the roles builds in accountability, and naming alternates for each ensures that care continues if circumstances change.
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We help you arrive at a level of funding that reflects your companions’ expected needs without exceeding them, and decide who should receive what remains when the trust ends, whether family members or a charitable cause close to your heart. The trust can take effect if you become unable to provide care yourself, not only at death, and we coordinate it with your power of attorney so that arrangements are clear in the interim.
Your preferences for your companions’ care can be set out in a written statement kept with your plan and revised as their needs change, so the trust itself need not be amended for every detail.
Clear arrangements, ready when needed
- Pet trust provisions, within your living trust or as a separate trust
- A named caregiver and trustee, with alternates
- Directions for funding, payment of expenses and accountability
- Directions for any funds that remain
- Who will provide care, and who will oversee it
- A reasonable level of funding
- Arrangements for a temporary emergency
- Who receives what remains
How we work together
- Step 1: Gather your information
- Step 2: Design consultation
- Step 3: Review your documents
- Step 4: Sign & fund your plan
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- 1. Gather your information. Our team sends a simple questionnaire and organizes your family, property and account details before we meet.
- 2. Design consultation. We meet, usually by Zoom, to design your plan: who receives what, who is in charge and how to protect your children.
- 3. Review your documents. Your completed plan is prepared from our design meeting and sent to you to review before signing.
- 4. Sign & fund your plan. We guide you through signing with the witnesses and/or notary appropriate to each document, then explain how to place the right assets in your trust. For clients who prefer the convenience of our assistance, California deed preparation and recording services are available for a separate fee.
A member of our staff will call you to learn about your needs, explain our fees, and schedule your appointment. See the full process on the What to expect page.
Can I simply leave money to a friend who promises to care for my pet?
You can, but the promise is not legally enforceable. The gift becomes your friend’s property, to use as they choose. A pet trust gives the arrangement legal force and a trustee to see it through.
What happens to the trust when my pet passes away?
The trust ends, and any remaining funds pass to the people or charities you name in it. If the trust names no one, California law supplies a default.
Can one trust provide for more than one animal?
Yes. When drafted to do so, a pet trust can provide for each of your animals, including companions who join your household after the trust is signed.
Is a pet trust only for larger estates?
No. Pet trust provisions are often included within a living trust, and the funding can be modest. What matters is that the arrangements are clear and enforceable.
Your employer’s legal plan may provide benefits toward estate planning services. We can help identify the services to review with your plan provider; coverage and any client responsibility depend on your benefits and the work involved.
- MetLife Legal Plans
- ARAG
- LegalEase
- Exemplar Legal
Make sure your companions are cared for.
Meetings are by appointment, weekdays 9:30 AM – 5:00 PM, by Zoom or at our offices. Call 888.380.2288 or 415.693.8882, or request a time online. Consultations in English, Cantonese or Mandarin.