Can You Establish a Pet Trust in Pennsylvania?

Elderly woman hugs her very old dog concept.

For many people, pets aren’t just animals — they provide unconditional love, companionship, a sense of security, and are an important part of the family. You might be concerned about what will happen to your pets in the event you are hospitalized, or who will care for them at the time of your passing. Fortunately, Pennsylvania allows pets to be included in your estate plan and trust so you can ensure they are properly cared for in accordance with your wishes.

A Pennsylvania pet trust doesn’t only allow you to allocate funds for your pet’s comfort and maintenance, but you can also specify any other instructions you have regarding its care. By taking the necessary steps to establish a pet trust, you can have peace of mind knowing your companion animal’s needs will be met.

What is a Pennsylvania Pet Trust?

A pet trust is an estate planning tool that arranges for the physical and monetary care of your pet upon your passing — or in the event you become incapacitated. While you can bequeath your pet to someone you trust to take care of it in your last will and testament, it’s essential to understand that the probate process can take a considerable amount of time. With a pet trust, you can appoint a caregiver and make advance arrangements to ensure your pet is protected between the time of your passing and the date your estate is settled.

Although most people think of dogs or cats when it comes to pets, a Pennsylvania pet trust can be created for any companion animal. This includes horses, birds, reptiles, rabbits, hamsters, fish, and other animals. Importantly, a pet trust doesn’t simply provide funds for your pet’s care — you can set forth how it should be used.

By establishing a pet trust, you can include provisions for the following on behalf of your pet:

  • Veterinary care and healthcare
  • Diet and food preferences
  • Exercise and playtime routines
  • Grooming
  • Living arrangements
  • End-of-life care
  • Cremation or burial

No two pet trusts will be alike, as every pet has its own unique needs. To start planning your pet trust, there are a number of questions you should consider, including whether your pet requires special care and what financial resources you have to provide for it. You should also think about where your pet should live — you might want your pet to remain in the familiar surroundings of your home and have its caregiver live on the premises. Or you might wish to move your pet to a sanctuary where it will be properly cared for.

Creating a Pet Trust

In 2006, Pennsylvania became the 32nd state to adopt a law recognizing pet trusts. These types of trusts can be established under Pennsylvania Statutes § 7738(a) of Title 20 and are created in one of three ways. It can be part of a will, revocable living trust, or established as a stand-alone trust. Similar to trusts for human beneficiaries, setting up a pet trust requires drafting a legal instrument, naming a trustee, and funding the trust to ensure your pet’s needs are met. In addition, a caregiver who will be responsible for the animal must also be selected.

The trustee is the person whom you appoint to manage and distribute the funds in the trust. This role is not to be confused with that of the caregiver who handles the daily needs of the pet. However, the caregiver and trustee can sometimes be the same person. Critically, you should also consider selecting a successor caregiver and trustee, should the individuals you selected no longer be able to fulfill their duties.

Depending on the type of pet you have, it can sometimes be challenging to find the right caregiver. While you may choose a trusted friend or family member to take care of your pet, their circumstances may change — you should never assume that they will be able to give your pet lifelong care. In such cases, you might consider naming a sanctuary or organization as a successor caregiver.

A pet trust will remain effective for the duration of the pet’s lifetime. However, if there is more than one pet named in the trust, it will terminate upon the passing of the last surviving animal. Notably, certain types of animals — such as parrots and turtles — can live for 50 years or more. These factors should be taken into consideration when drafting a pet trust.

Contact a Knowledgeable Pennsylvania Pet Trust Attorney

If you’re considering a pet trust, it’s crucial to have a qualified estate planning attorney draft the instrument to ensure it is valid. The attorneys at Berman & Associates have extensive experience assisting clients with a wide variety of estate planning matters, including establishing pet trusts that meet the requirements of Pennsylvania law. Located in Media, Pennsylvania, we serve clients in Delaware, Chester, and Montgomery Counties, as well as in the City of Philadelphia. Contact us today to schedule a consultation.

Categories: Estate Planning, Pets