Pets are family, but the law treats them as property. Without a plan, a pet passes with the rest of your belongings, and no one is required to care for it the way you would.
Your plan can name who will care for each pet, set aside money for that care, and give instructions.
Start with each pet’s needs
Think about each animal separately. For each one, consider:
- Its age and how many more years it may live
- Its health, medications and any ongoing veterinary care
- Its diet, exercise and daily routine
- Its temperament, including how it gets along with children and other animals
- What its care costs each year, including food, veterinary care, grooming and boarding
Some animals live far longer than people expect. A parrot or a tortoise may outlive the person who takes it in.
Choose a caregiver who can meet those needs
Love for your pet is not enough on its own. Before naming someone, consider whether they have:
- The space, time and physical ability the animal needs
- A home that allows the animal, with no landlord rules or allergies that stand in the way
- Other pets that will get along with yours
- The means to pay for care, or the money you leave for it
Talk with the person before you name them, and name a backup. If you have several pets, you may name a different caregiver for each.
Horses and other large animals
Horses, livestock and other large animals need more than a willing home. They need land or boarding, regular farrier and veterinary care, and transport. Their care costs much more, and a horse may live for decades.
Name a caregiver with the right facilities and experience, or a boarding stable that will take the animal. Your plan can also say whether the animal may be sold or rehomed if keeping it is not practical.
Paying for care
Estimate each animal’s yearly cost, multiply it by the years it may live, and add a margin for emergencies. There are two common ways to provide the money:
- A gift in your Will or Revocable Trust: You leave your pet to a person, with money for its care. This is simple, but the person is not legally required to spend the money on your pet.
- A pet trust: Washington and Oregon both allow a trust for the care of animals. A Trustee holds the money and pays for care, and the pet trust ends when the last animal dies. You choose who receives anything left over.
A pet trust gives more control, especially for an animal that will need care for many years or that has medical needs. Your attorney can help you decide which approach fits and how much to set aside.
If no one can take your pet
Some organizations will care for and rehome a pet after its owner dies. They usually ask for a gift now or a gift in your estate plan.
In Oregon, Oregon State University’s College of Veterinary Medicine offers a Pet Promise Program. The college becomes your pet’s advocate, provides health care and works with the Oregon Humane Society to find a new home. Some humane societies offer similar programs. Ask about current terms directly, and tell your attorney so your plan can include the gift.
If you become ill
Your pets may need care before your death, during an illness or a hospital stay. Arrange for someone to care for them temporarily, and consider carrying a card in your wallet that says pets are at home.
Your financial power of attorney can let your Agent pay for your pets’ care if you cannot. For more, see this article.
Write down care instructions
Keep a short record with your plan of each pet’s name, veterinarian, food, medications and routines. It will help whoever cares for your pets, at home or after your death.
Want to read more?
These articles are optional.
- Questionnaire help: If you are filling in the questionnaire, see the help for the Estate Planning Goals page.
- Glossary: Common estate planning terms. See this article.