We love our pets. They’re family. They’re there when we come home, they comfort us, they make us laugh, and they fill our hearts with companionship.
But here’s the truth: many people don’t plan for what happens to their pets if they can no longer care for them. I have seen it too many times in my practice.
Let me share a tough example:
Jim was a retired teacher with a lovable golden retriever named Buddy. Jim assumed his brother would take Buddy if anything happened to him, but he never discussed it, and it wasn’t in his will. Jim suffered a stroke and moved to a nursing facility that didn’t allow pets. The family was unprepared, overwhelmed, and no one could take Buddy. Buddy ended up in a shelter, confused and grieving, while the family scrambled, already stressed by Jim’s health crisis.
Jim loved Buddy, but he didn’t have a plan, and Buddy paid the price.
Planning isn’t just about “big assets.” It’s about the loved ones who depend on you—including your pets.
That means planning for the expected AND the Unexpected—Emergency Planning for Pets
Let’s start with emergencies. You slip, fall, and end up in the hospital, or you’re stuck in rehab for a month. Here are a few quick ideas:
- Written Instructions in Your Home:
Tape a note on your fridge or inside your front door: “Pets inside: Max the cat, Buddy the dog. Food in pantry, litter box in laundry room. Vet: Dr. Smith, ABC Animal Clinic, (555) 123-4567.” - Wallet Card or Medical ID:
Carry a card that says, “I have pets at home that need care if I am hospitalized. Please call [trusted friend] at [phone number].” - Emergency Contacts Who Can Access Your Home:
Give a trusted friend or neighbor a spare key or a way to access your home in an emergency. Let them know your pet’s feeding schedule and any medications.
Here’s another example: Martha, slipped and fell, breaking her hip. She lived alone with two cats. Luckily, her neighbor had a key and was able to come feed the cats and scoop the litter box daily while Martha was recovering, avoiding a health hazard and stress for Martha and the cats.
This simple planning checklist can keep your pets safe and reduce your stress while you focus on getting better.
The Expected—Long-Term Planning for Your Pet
Now, let’s talk about long-term planning for your pets in your estate plan.
Informal Arrangements
Many people assume a family member will take their pet, but assumptions can lead to heartbreak.
Denise had a parrot named Mango who could live 40 more years. Those birds can live 60 plus years – long term plan in order. Denise assumed her daughter would take Mango, but her daughter had toddlers and was overwhelmed. Mango ended up with a distant cousin, which was not what Denise would have wanted.
Lesson: Talk to the person you think will take your pet. Confirm that they are willing and able to do so, and write down your wishes.
So what do you do? Can you leave a bequest to your pet in your Last Will and Testament? While you cannot leave money directly to a pet, you can leave your pet to a person, along with money to help with care.
Example clause: “I leave my dog, Daisy, to my neighbor, Linda, along with $3,000 for Daisy’s care.” That kind of inclusion comes with a caveat: Money left this way becomes the property of the person, and they are not legally required to spend it on your pet. If you trust the person fully, this can work, but it isn’t foolproof.
Here’s a better idea and one that my clients ask for more often that you make think:
Pet Trusts – those can be made as part of another Trust or part of your Will but the provision in made in trust
A Pet Trust is the best way to ensure your pet’s long-term care:
- You designate a caregiver for your pet.
- You allocate funds specifically for your pet’s care.
- You appoint a trustee to manage and distribute the funds, ensuring the caregiver uses them appropriately.
- You outline care instructions, including dietary preferences, medical needs, or even daily routines your pet enjoys.
Pet Trusts are legally enforceable and continue for the life of your pet.
Example: Harold, had three small rescue dogs he adored. We set up a pet trust that designated his friend Tom as caregiver, with $15,000 for food, vet bills, and grooming, and Harold’s niece as trustee to oversee spending. When Harold passed, Tom received the dogs and the funds, and the trust ensured accountability and quality care for Harold’s dogs.
Why Planning Matters—The Costs of Not Planning
When people don’t plan:
- Pets may end up in shelters, often elderly and unadoptable.
- Family members may fight or resent having to take in a pet.
- Pets may be rehomed to someone who doesn’t know your pet’s medical or emotional needs.
- You lose control over your pet’s future.
In one heartbreaking case I encountered, a woman passed away suddenly, leaving behind two elderly cats. The family was busy sorting through her estate, and the cats were sent to a shelter. They were terrified, disoriented, and due to their age and health conditions, were euthanized within weeks. This could have been avoided with a simple written plan. If you’re wondering what to do next, here’s a quick checklist that you can use:
What questions do you have? I’d love to hear from you. If you like the podcast, share it with a friend, and follow us on Facebook and YouTube. If you need help with estate planning or administration, reach out for a strategy session.
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Disclaimer: The information provided on this website and on the podcast is not intended to be considered as legal advice or constitute an attorney/client relationship as provided under the Tennessee Rules of Professional Conduct.
