Can I Include My Pets in My Estate Plan?

Many pet owners treat their pets as members of the family. Understandably, they want to arrange for someone to care for their pets after their death. Nevada has special legal provisions that apply to estate planning for pets. A knowledgeable estate planning attorney can create an estate plan to provide care for your pets when you are gone.

Natalia Vander Laan is a probate and estate planning attorney in Nevada. She has offices conveniently located in Minden and Carson City and offers estate planning services to people throughout the Carson Valley. She can analyze your situation, help you evaluate your options, and provide customized solutions to meet your estate planning needs.

Can You Include a Pet in Your Estate Plan?

There are several ways you include your pet as part of your estate plan. Because a pet is legally viewed as property, your pet is part of your estate and can be included in your Will. However, Nevada has a specific legal framework for establishing a pet care trust which is often a better option.

Special Considerations for Estate Planning Involving Pets

If you want to include pet care as part of your estate plan, there are unique estate planning issues you should consider.

Name a Caretaker for Your Pet

Choosing a caretaker is one of the most important considerations in estate planning for pets. You should select someone who will care for your pet and ensure its daily needs are met. Choose someone who will care for your pet as you do, and who has the financial resources and available time to care for your pet properly. Be sure the caregiver is someone you trust who is willing and able to take on the additional burden of caring for your pet. You should also consider naming a secondary caregiver as a backup.

Provide Care Instructions

Include detailed instructions for how you want your pet to be cared for after your death. You should also include a provision that explains your wishes for when your pet dies.

Avoid Identifying Your Pet by Name in Your Estate Plan

It is usually best to provide general instructions for your pet in your estate plan and avoid naming your pet by name. If your pet dies after you have prepared your estate plan and you get a new pet, general instructions and a generalized plan for caring for your pet can help avoid confusion.

Consider a Nevada Pet Trust

Nevada law allows pet owners to create a pet trust that enables you to care for your pet and designate a trustee who will handle the assets you set aside to care for your pet after your death. If you own more than one pet, the trust can remain in effect until the last pet dies.

Funding a Pet Care Trust

Once you create a pet trust, you will need to create a plan to transfer assets to the trust to pay for the cost of pet care. You should determine an amount of money that will cover the cost of pet care and decide where that money will come from.

When deciding on an amount of money to place into a pet trust, consider your pet’s current standard of living, current health and any anticipated health concerns, anticipated lifespan, and the cost of caring for your pet, including grooming, veterinary care, and food.

Designate a Separate Caretaker and Pet Trustee

If you create a pet care trust, consider naming one person who will serve as caretaker of your pet and another person who will serve as a trustee to handle the financial aspects of paying for pet care. Naming someone other than the caregiver as the trustee ensures assets placed in the pet trust are used as you intended.

Contact The Vander Laan Law Firm, LLC, for Help with Estate Planning for Pets

Natalia Vander Laan is a probate and estate planning attorney who is pleased to serve people in Minden and Carson City, Nevada. If you have questions or need help with estate planning involving pets, the Vander Laan Law Firm can help. Contact us today to schedule an appointment to discuss your situation and how we can help. We look forward to learning more about you and your situation and how we create an estate plan to meet your unique needs.