Planning for Your Pets: Why You Should Consider a Pet Trust
For many people, pets are more than animals—they’re beloved companions and cherished members of the family. Yet, in most estate plans, they’re treated as property or forgotten altogether. If you want to ensure that your dog, cat, horse, or other pet is cared for if something happens to you, a pet trust is one of the most effective and legally enforceable ways to do it.
What Is a Pet Trust?
A pet trust is a legally binding arrangement that allows you to set aside funds and instructions for the care of your pets after your death—or even during a period of incapacity. Unlike informal promises or verbal agreements, a pet trust ensures your wishes are carried out and gives someone legal authority and responsibility to make sure your pet is properly looked after.
You can name a caregiver (the person who will physically care for your pet) and a trustee (the person who manages and distributes the funds). These can be the same person, but separating the roles can add oversight.
Why You Should Consider a Pet Trust
1. Ensure Your Pet Is Cared for Immediately
When a person passes away or becomes incapacitated, there’s often a delay before family or friends step in. A pet trust allows you to provide immediate authority and funds to someone you trust, so your pet doesn’t end up in a shelter or neglected in the confusion.
2. Avoid Unenforceable Verbal Agreements
It’s common for people to say, “My friend will take care of my dog if anything happens,” but
without legal documentation, that’s just a hope—not a plan. A pet trust makes the arrangement binding and gives the caregiver legal access to the resources your pet needs.
3. Set Standards for Care
With a pet trust, you can be as specific as you want. You can specify:
- What type of food your pet should eat
- Regular veterinary checkups and treatments
- Exercise or grooming routines
- Your wishes for your pet’s end-of-life care
This is especially valuable for pets with special needs or expectancies of long life.
4. Allocate Funds Responsibly
The trust can be funded with money designated solely for your pet’s care. The trustee ensures that the caregiver is spending the funds appropriately. If there’s money left over after the pet’s death, you can designate who receives it—perhaps a family member or a favorite animal rescue.
5. Protect Your Pet if You Become Incapacitated
Estate planning isn’t just about what happens after death. If you’re hospitalized or mentally
incapacitated, your pet may still need care. A properly drafted pet trust can take effect
immediately, ensuring continuity of care without court intervention.
6. Prevent Disputes
Sadly, disputes can arise when family members disagree over what to do with your pet—or who should receive them. A pet trust leaves no ambiguity. It’s clear, enforceable, and backed by the law.
Pet Trusts Under Arkansas Law
Under Arkansas Code Annotated § 28-73-408, a trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust continues until the death of the animal (or the last surviving animal, if more than one). This statute gives you the legal framework to ensure your wishes are enforceable in court.
Give Your Pet the Future They Deserve
Your pet has been there for you through life’s joys and challenges. Planning for their future is one of the kindest and most responsible things you can do.