With National Dog Day coming up on August 26, there’s plenty of attention on treats, toys, and celebrating the dogs we love. But there’s another way to show that love: making a plan for their care if we die or become unable to care for them ourselves.
This isn’t a small concern. More than 95 million U.S. households own at least one pet, according to the American Pet Products Association. Yet many pet owners haven’t made a legally enforceable plan for pet care after death or in the event they become incapacitated.
The good news is a pet trust can be incorporated into either a will-based estate plan or a trust-based estate plan.
Why Informal Arrangements May Not Be Enough
Pet owners often assume they can simply leave money to a relative and ask that person to care for a dog or a cat or, even worse, sometimes Pet owners leave money or an account directly to an animal.
Under the law, however, pets are considered tangible personal property, just like a car, a couch or a piece of jewelry. You cannot leave money directly to a piece of property. A gift of money to a friend or family member may also become that person’s property without creating enforceable duties concerning the pet–particularly if the estate plan does not clearly establish a trust and define how the funds must be used.
If you want to make sure your pets are cared for the way you want when you’re no longer here, or if you become incapacitated, you need a pet trust in Texas.
A Pet Trust Can Work With a Will-Based Plan
A pet trust may be created through a will. This is a testamentary pet trust because it is established at the owner’s death under the terms of the will.
This approach can provide legally enforceable instructions for the pet’s care and direct a trustee to manage the funds designated for that purpose. It can be a useful option for someone whose broader estate plan is centered on a will.
Because a will takes effect at death and is administered through the probate process, however, a will-based plan should also address the period immediately following the owner’s death. Pets need food, medication, housing, and veterinary care right away. Coordinated instructions, carefully selected agents, and accessible emergency arrangements can help bridge the time before the will is probated.
A Pet Trust Can Work With a Trust-Based Plan
Pet-care provisions may also be included in a revocable living trust or coordinated with one. Depending on how the plan is structured and funded, this approach may allow the trustee to respond during the owner’s incapacity as well as after the owner’s death.
That distinction matters. A will generally governs what happens after death and does not become operative merely because the owner is hospitalized, suffers a serious injury, or develops dementia. A trust-based plan may provide a mechanism for a successor trustee to use available trust funds for authorized pet-care expenses when the owner is still alive but unable to manage those responsibilities.
How a Pet Trust Actually Works
Texas law expressly permits a trust to provide for the care of an animal alive during the person creating the trust’s lifetime. The trust generally continues until the death of the animal – or, if it covers multiple animals, until the death of the last surviving animal. Texas law also permits an appointed person to enforce the trust and generally limits use of trust property to its intended purpose.
A pet trust commonly includes the following roles:
- The Grantor (You): You create the trust, fund it with money, and write the rules.
- The Pet Caregiver: This is the person designated to physically house, feed, and care for your pet.
- The Pet Trust Trustee: The trustee manages the money for pet care and reimburses the caregiver for expenses according to your instructions. Separating the person holding the purse strings from the person providing the care creates built-in accountability.
- The Remainder Beneficiary: This is the person or charity, such as a local animal shelter, who receives whatever money is left in the trust after your pet eventually passes away.
The caregiver and trustee may be different people. Separating daily care from control of the funds can provide an additional layer of oversight, although the best arrangement depends on the people involved and the pet’s needs. The ASPCA offers a helpful Pet Trust Primer explaining additional considerations when choosing caregivers, trustees, funding, and instructions for a pet trust.
The Best Time to Plan Is Before You Need the Plan
One of the advantages of pet estate planning is the ability to get specific about the life you want your pet to continue having.
Clients commonly include:
- Dietary & Medical Needs: Brand of food, preferred treats, dietary restrictions, medications, and specific veterinary clinics.
- Lifestyle Details: Boarding preferences, grooming schedules, favorite toys, exercise routines, or whether a pet must remain indoors.
- End-of-Life Wishes: Clear guidelines on veterinary care limits, euthanasia decisions, and burial or cremation preferences.
- Caregiver Compensation: Monthly stipends or other allocations to compensate the caregiver for their time and effort.
The appropriate funding amount depends on the pet’s age, life expectancy, health, species, lifestyle, and expected cost of care. Overfunding should also be considered because Texas law permits a court, in certain circumstances, to redirect property exceeding the amount required for the trust’s intended use. Thoughtful funding and a clear remainder provision are therefore important.
This can be particularly valuable when a pet has expensive medical needs, requires specialized care, or simply has a very particular routine. Anyone who has ever tried to convince a spoiled dog that a different brand of food is “basically the same” understands why details matter.
Planning for the First Hours and Days
A pet trust is an important legal tool, but practical preparation matters too. An estate plan should consider who can immediately enter the home, locate the pet, obtain medication, contact the veterinarian, and provide temporary housing.
Pet owners may also want to maintain an updated care memorandum containing feeding instructions, veterinary contacts, medication details, microchip information, behavioral concerns, and the names of emergency caregivers. Because these details can change, keeping them in a separate, updateable document may be more practical than placing every routine instruction in the core estate-planning documents.
The pet trust, the broader estate plan, and the practical emergency instructions should all work together.
The Bottom Line
A pet trust is not limited to people with a revocable living trust, and a will-based plan does not have to leave pet care to an unenforceable promise. A pet trust can be designed as part of either a will-based estate plan or a trust-based estate plan.
The key is choosing a structure that addresses the owner’s full concerns, including:
- who will care for the pet;
- who will manage the money;
- what standards of care should apply;
- what happens if the first caregiver cannot serve;
- how immediate and incapacity-related needs will be handled; and
- who receives any funds remaining after the pet’s death.
National Dog Day is a good reminder to think about the dogs we love, but this planning applies to cats and other beloved animals, too. If pets are part of the family, they should be part of the estate plan.
A little planning now can help ensure that the right person is ready to step in, funds are available for care, and the owner’s wishes are clear.
Not sure whether your current estate plan protects your pets? Let’s talk about it in a 15 minute complimentary call. We can help you create a plan that gives you peace of mind and keeps the animals you love safe and cared for, no matter what happens.
This material was created by Packsaddle Law PLLC for educational and informational purposes only. It is not intended as tax, legal, or investment advice. For legal advice tailored to your specific situation, please consult a qualified attorney.