Estate Planning for Dog Owners

Owning a dog is a big responsibility. This is not news to any good pet owner, but it does bring up an interesting question for estate planners: how can we best help dog parents plan for their dog as part of an estate plan?

Pet Trust

The starting place is often a pet trust. A pet trust allows a dog owner to set money aside for the care of their dog after the owner passes away. This money would need to be spend on the dog’s care. If properly drafted, this can include veterinary visits, food, toys, blankets, and anything else that is for the dog’s benefit. You would name someone as trustee to look out for the dog, but that person would not be authorized to spend the money on anyone but the dog as long as the dog is alive.

Pet trusts can be very useful. But they are often not enough by themselves. Your dog will be going through a difficult time after losing you, perhaps not even fully understanding why you are gone. I spoke with attorney and pet owner Jessica Lefebvre to learn more. She said, “Pets are very perceptive, and many people believe they grieve losses. If that’s true, they would be grieving in a totally new place that would probably compound their stress.” Thus, a pet trust is good way to care for your dog’s physical wellbeing, but caring for your dog’s emotional wellbeing should also be incorporated into your estate plan. This can be done through a care letter and building your dog’s relationship with the caretaker named in your will.

Care Letter

A care letter is a way for you to tell your dog’s new owner how to best care for your dog. The letter should include medical details. “If the dog is older, you would want to make sure that things are well documented, like health history and other things that may be particular to your pet,” says Ms. Lefebvre. It may not always be wise to rely on the records at the veterinarian's office to keep records, especially if the new owner will be switching to a new veterinarian. You should assume that no one will keep better records than you. Little things should also be noted down, such as how the dog best takes medicine or what soothes the dog if it gets anxious at the veterinarian's office.

The letter should also include non-medical tips for the new owner. For example, you might want to explain little things you do to ensure your dog does not rip things into shreds. You might also want to note down what kinds of toys, treats, food, or play the dog enjoys the most. Remember, you will not be there to guide the new owner. So, make the letter thorough. This will help create a good environment for your dog.

Building a Relationship

Another key component in helping your dog’s emotional wellbeing is to have the dog build a relationship with the person who would care for your dog if you passed away. Ideally, this would involve having the dog sleep over at their house from time to time. This helps your dog get comfortable at the new location and with the potential new owner, making the transition a little less jarring after you pass away.

Note that I am assuming the dog will be going to a permanent home and not being bounced around from one temporary home to another. It is important that you plan for your dog to have permanence and stability. You should arrange for someone to take the dog for the remainder of its life, if at all possible. Dogs often live to be at least 10-12 years old. Thus, if your is only two years old now, you need to find someone comfortable with the idea of taking the dog on for a decade or more.

The Bottom Line

Speak with an estate planning attorney about potentially setting up a pet trust and including a care letter with your estate planning documents. Also begin building your dog’s relationship with the person who would take over should something happen to you. Estate plans are more than just a stack of legal documents. A good estate plan is means for you to provide for those you care about, including your pets.