If you share your home with a furry, feathered, or hooved companion, you know they are not just property. They are family. We make sure our pets have good food, a cozy bed, and plenty of love. Yet many pet owners overlook what would happen to their animals if they were no longer around to care for them. A pet trust is the most reliable way to plan for that.
Why a Handshake Isn’t Enough
Many pet owners have an informal understanding with a friend or neighbor to care for their pets if something happens. These promises are well-intentioned, but they can fall apart. Circumstances change, money gets tight, a new landlord does not allow pets, or someone develops allergies.
Legally, pets are considered personal property. Without a plan, your pet could end up caught in a family disagreement or surrendered to a shelter.
Why a Mention in Your Will May Not Be Enough
You can leave a pet, and even money for its care, to someone in your will. But a gift in a will has limits. The money belongs to the person who receives it, and nothing requires them to spend it on your pet. A will also does not take effect until after probate begins, and it does nothing if you become ill or incapacitated during your lifetime.
How a Pet Trust Works in Minnesota
Minnesota law specifically allows you to create a trust to provide for the care of an animal that is alive during your lifetime. A pet trust lets you:
- Name a caregiver who understands your pet’s needs and routine
- Set aside money that may be used only for your pet’s care, such as food, grooming, and veterinary bills
- Name a trustee to manage the money, who can be someone other than the caregiver, providing a built-in check and balance
- Name someone to enforce the trust, so there is a person with the authority to make sure your instructions are followed
- Decide what happens to leftover funds when your pet passes away, such as giving them to a family member or an animal charity
Under Minnesota law, a pet trust ends when the last animal it covers dies. If the trust does not say who receives any remaining money, it passes to your heirs. A court can also step in if the amount set aside is more than the pet’s care reasonably requires.
To care for your pet if you become ill or incapacitated, not just after death, the trust needs to be set up and funded during your lifetime, often as part of a revocable living trust.
Customizing Care for Your Best Friend
A pet trust gives you control over the details. You can include instructions about your pet’s diet, preferred veterinarian, medications, exercise, and sleeping arrangements, as well as your wishes for end-of-life care. It is also wise to name a backup caregiver in case your first choice cannot take your pet.
When deciding how much to set aside, consider your pet’s age, expected lifespan, routine costs, and potential medical needs. Horses and some birds, for example, can live for decades.
At Lewis Kannegieter Law, Ltd, we help Minnesota pet owners create plans that protect every member of the family. Call our Monticello office at 763-244-2949 to schedule a Personal Strategy Session.