Estate Planning for Pets and Animals
Published February 8, 2026
In the estate planning process, most of our attention is naturally on investments, real estate, retirement accounts, tax minimization planning and asset protection. Perhaps that’s why some of our clients are initially taken aback or think we are kidding when we ask if they own pets.
But we are serious. We believe it’s worth taking a moment in the estate planning process to address the care and successor ownership of our clients’ pets and animals. Pets are also considered property under the law, and they should accordingly be a part of a pet owner’s estate plan.
Some pet owners refer to their animals as their “children.” For solo agers, pets provide the companionship that make things feel anything but solo. Studies have even shown that owning a pet can lead to a longer lifespan. So, why would you not factor your pets into an estate plan?
Pet Considerations in Estate Planning
Estate planning for pets does not necessary make planning complicated. It simply requires some thought and needs to be given legal effect.
Who is going to assume ownership of the animal? What if that person changes their mind or is no longer available? What is the anticipated lifespan? Are there extraordinary relocation expenses, medical expenses or other expenses that need to be covered? How will the animal’s shelter, care and maintenance be paid for? Is any oversight needed to ensure the pet is properly cared for?
Technically, a Will alone is not enough to care for a pet. That’s primarily because a Will is only effective upon death. That may not help if a pet owner becomes incapacitated and cannot properly care for a pet or unwittingly puts a pet in harm’s way.
Incapacity Planning
As part of comprehensive estate planning, it’s vital to plan for future incapacity. This is typically accomplished through one or both of two different legal constructs. One is through a Power of Attorney. The other is with a Trust.
A Power of Attorney is a legal document in a which a Principal names an Agent (sometimes called an “Attorney-in-Fact”) to act on their behalf in the event of the Principal’s incapacity. The Power of Attorney grants the Agent with specified powers. When we think of Powers of Attorney, we typically think of it in the context of managing financial accounts or a business setting.
Pet owners should consider ensuring that they have a Power of Attorney in place that specifically authorizes an Agent to care for pets. That power might be coupled with a power to access funds to pay for shelter and care, and a power to seek or establish veterinary care or services with other providers.
The best legal protection, however, is typically accomplished with a Trust.
Pet Trusts
Pet Trusts, sometimes referred to as “Animal Welfare Trusts” or “Animal Care Trusts,” are often sold as something that should be part of a pet owner’s estate plan.
In our view, that is true. However, that Pet Trusts typically do not need to be created during your lifetime. Proper pet planning can typically be accomplished through a regular “plain vanilla” trust. Existing Revocable Trusts can typically be modified to include necessary trust provisions.
Oftentimes individuals will create trusts for children that only come into existence upon the death of that individual. A pet trust plan is typically accomplished in the same fashion. Typically, there is no need to create or fund a “Standalone Pet Trust” in most instances.
When establishing a Pet Trust, the pet owner should consider, at a minimum, a Trustee to serve at the death of the pet owner. The pet owner can serve as Trustee initially. As part of the planning process, the pet owner will consider the potential responsibilities of the Trustee, and whether ordinary Trustee duties ought to be bifurcated from pet care duties. Perhaps the Trustee is given authority to hire care takers.
Of course, funding the Pet Trust needs to happen in order for it to work. If the Pet Trust is not funded, then it will fail. As part of the estate planning process, the pet owner will need to plan for how the Pet Trust will be funded. It could be with a set amount, a percentage of the pet owner’s estate, or via beneficiary designation. However the trust funding is accomplished, it should be done thoughtfully and be coordinated with the rest of the trust planning and estate planning.
Closing Thoughts About Pet Trusts and Estate Planning for Animals
Estate planning for pet owners is not complicated at all. Most of Old Colony Law’s clients are pet owners. In our experience, devoting just a couple of minutes of planning for pets gives our clients peace of mind when it comes to this small but very important part of estate planning.
Ready to ensure that your pets are properly covered in your estate plan?
Contact Old Colony Law today to schedule a consultation.