For many families, pets are more than just animals – they are companions, routines, and emotional anchors. But legally? But legally, pets are still considered property. That distinction matters, especially when it comes to estate planning.
When someone passes away without a clear plan for their pet, the results can be unpredictable. A neighbor may offer to help temporarily. A family member might step in—at least at first. However, long-term care often becomes uncertain, especially if there are no instructions or funds set aside. Unfortunately, shelters are sometimes the fallback.
Including your pet in your estate plan is one of the simplest ways to ensure their continued care. In Georgia, a pet trust is a legally enforceable way to do that. You can name a caregiver, allocate funds, and outline specific instructions for how you want your pet to be cared for – everything from food preferences to medical routines.
Unlike informal promises or vague mentions in conversation, a pet trust carries legal weight. You can appoint a trustee to manage the funds and ensure that the caregiver uses them appropriately. The caregiver and trustee can be the same person, or you can split the roles for added oversight.
For those looking for a more straightforward solution, a provision in your will is another option. It allows you to name a caregiver and leave a monetary gift to support the pet’s needs. However, since wills go through probate, there may be a delay before the new caregiver receives access to the funds or legal authority to take over. A trust, on the other hand, avoids that delay and can go into effect immediately.
Funding the care of a pet does not have to be extravagant. The amount should reflect your pet’s basic needs, medical care, and life expectancy. Georgia courts do have the authority to reduce amounts that are considered excessive, but in most cases, a reasonable plan is honored as written.
If a trust feels too formal, even a notarized letter naming a caregiver and outlining instructions is better than nothing. While not legally binding, it gives your loved ones clear guidance during a difficult time and can help avoid confusion or disagreements.
Every situation is different. Some clients are planning for aging dogs. Some clients are planning for aging dogs, while others have horses, parrots, or multiple animals with specialized care needs. Whatever the case, including your pets in your estate plan is an act of foresight – and one that removes unnecessary stress from the people you leave behind.
It doesn’t have to be complicated. It just has to be done.
