Pet Trusts
A few states, including Arizona, California, Colorado, Hawaii, Missouri, Montana, New Mexico, New York, Nevada, North Carolina, Oregon, Tennessee, Utah, and Wisconsin, honor pet trusts. These instruments provide for continuing care of your pet should you die or become incapacitated. Try to be as specific as possible detailing what kind of care you would want for your pet. You will need to name a trustee, and an alternate. This person does not need to be the caregiver, whom you will also need to name.
Be careful that you do not overfund the trust with much more property than is reasonable for the care of your pet. The courts will not look kindly on a trust it deems “excessive.” The worst-case scenario is that your pet trust could be declared invalid in the courts.
If you live in a state that does not acknowledge pet trusts, you can always bequeath your pet, and money for its care, to a specific person who you know will love and care for your pet as you would.
