PROTECTING

YOUR PET IN YOUR

MISSOURI ESTATE
PLAN

Protecting Your Pet In Your Pet Plan

www.yourestatematters.com

If you are like the majority of Americans you include at least one pet in your family.
Whether your pet is a cat, a dog, a bird, or something more exotic chances are good that
you consider your animal friend to be a part of the family. Given that your pet is part of
the family it only makes sense to include your pet in your estate plan; yet, many people
dont think to do so.

Failing to include your family pet in your overall estate plan can have devastating
consequences for your pet. The good news is that providing for your pet in your estate
plan can be done fairly easily.

Protecting Your Pet In Your Pet Plan

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Americans Love Their Pets

Americans have a much closer relationship to their animals than most other cultures do.
According to the American Humane Society, pet ownership has more than tripled in the
past four decades. In 2012, Americans owned 164 million pets, averaging out to 1.47
dogs per household and 2.11 cats per household. Almost half (47 percent) of all
households own at least one dog. Clearly, Americans love their pets.

Protecting Your Pet In Your Pet Plan

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How Your Beloved Pet Could become Homeless

Every day over 1,000 pets, on average, across the United States are abandoned because
of the death or incapacity of their human owner. Many of these animals end up
homeless or in a shelter. Sometimes, a family pet is momentarily forgotten when
tragedy strikes and lands an owner in the hospital or causes the death of the owner.
Other times an older individual dies, leaving behind a companion animal without
anyone to care for him or her. Regardless of how it occurs, these animals end up
abandoned and alone. Dont make the mistake of assuming that someone will take
care of your pet should something happen to you. Take the time now to designate a
caregiver and to include provisions in your estate plan for the care and maintenance of
your beloved pet.

Protecting Your Pet In Your Pet Plan

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Verbal Agreements
There are several ways in which you can plan for your pets continued care should
something happen to you. The simplest, and least effective, is a verbal agreement with
someone. Pet owners frequently rely on nothing more than a verbal agreement which is
why so many pets are left without caregivers. Numerous things can go wrong with a
verbal agreement, including:

Unavailability of party to agreement the person with whom you entered into
the agreement could be unavailable for a variety of reasons when the time comes
to fulfill the agreement and take over the care of your pet. Death, incapacity, and
relocation are common reasons why your chosen caregiver may not be able to
step in and take care of your pet.
Not legally binding a conversation does not legally obligate the other party to
care for your pet. Moreover, there wont be anyone to bring legal action to
enforce the agreement should the other party decide not to fulfill the agreement.
Does not provide funds if the other party does not have the financial means to
pay for the your pets care and maintenance you will need to provide a funding
source, something a verbal agreement cannot accomplish.

Written Agreements Letter of Instruction

Just one step up from an informal verbal agreement is a Letter of Instruction. A Letter
of Instruction is a letter that you write and include with your estate planning
documents. As the name implies, it typically includes instructions or additional

Protecting Your Pet In Your Pet Plan

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information you wish your beneficiaries and/or loved ones to have after your death. A
Letter of Instruction has no legal authority; however, it does allow you to express your
wishes for your pet. Unfortunately, just as with a verbal agreement there is no
guarantee that those wishes will be honored.

Using Your Last Will and Testament

Although most animal
lovers cringe at this
categorization, the law
considers your pet to be
your property. As such,
your pet can be gifted to
someone in your Last Will
and Testament. You can
also gift the same
beneficiary assets in your
Will to be used for the
care and maintenance of
your pet. The two primary disadvantages to using your Will are that gifting your pet in
your Will does not cover a situation in which you become incapacitated and there is still
no guarantee that the intended caregiver will be available to care for your pet or that he
or she will actually use the assets as intended.

Protecting Your Pet In Your Pet Plan

www.yourestatematters.com

Creating a Pet Trust The Ultimate Protection

The good news is that there is a solution that alleviates all of the concerns and
disadvantages of the previous options a pet trust. Contrary to what many people
believe, a trust can be set up rather easily with the assistance of your estate planning
attorney. A trust requires four basic elements a trustee to administer the trust, trust
terms to guide the trust, a beneficiary (in this case your pet), and assets to fund the
trust.

Protecting Your Pet In Your Pet Plan

www.yourestatematters.com

Creating a pet trust is the ultimate protection for your pet for the following reasons:
Legally binding once created, a trust is a separate legal entity. Therefore, the
terms of the trust are legally binding and can be enforced by a court of law if
necessary.
Flexibility a pet trust allows you to create very broad or very specific terms,
depending on your wishes. Your trustee, for example, can have a significant
amount of discretion when making disbursements or you can only allow
disbursements at precise intervals or for specific reasons.
Contingencies with a pet trust you have the ability to name a trustee as well as
successor trustees. The same applies to a caregiver for your pet if you choose not
to make your caregiver the trustee. By naming successor or alternate caregivers
you are assured that someone will be available to care for your pet should the
need arise.
Control through the trust terms you are able to control everything from what
food your pet is given to what veterinarian he or she treats with if you choose to
exercise that much control.
Incapacity a pet trust can take over the care of your pet when specific events
transpire, such as your incapacity. Where other options only apply upon your
death, a pet trust can protect your pet at any time you are unable to care for him
or her.

If your family includes a pet (or two), consult with your estate planning attorney about
the best way for you to incorporate your pet into your overall estate plan to ensure that
he or she is well cared for even if you are unable to provide that care yourself.

Protecting Your Pet In Your Pet Plan

www.yourestatematters.com

References
Humane Society of the United States, Pets by the Numbers
ASPCA, Pet Care
American Bar Association, Estate Planning Issues Involving Pets
AVMA, Pet Trusts: Caring for a Pet That Outlives Its Owner

Protecting Your Pet In Your Pet Plan

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Estate Planning and Elder Law Attorneys in St. Louis, MO

St. Louis Estate Planning Attorneys: Planning for Your Future Today
Missouri Estate Planning attorneys Amen, Gantner&Capriano, Your Estate Matters, L.L.C. are
here to help you with legal issues regarding St. Louis Elder Law, Veterans Aid and Assistance,
Probate, Wills, Trusts, Trust Administration, Powers of Attorney, Health Care Directives, LGBT,
and all things required to establish a proper estate plan for the future of both you and your loved
ones. Our law firm understands the varying dynamics of modern families and seeks to address
these issues in the estate plan so your estate is distributed only to those who you request, instead
of those who may be otherwise legally obliged to it. Estate planning can be a big project that
requires consistent maintenance; however, our professional Estate Planning attorneys can
organize all of the legal paperwork and logistics for you, while offering helpful legal advice along
the way.
Amen, Gantner&Capriano, Your Estate Matters, L.L.C.
10805 Sunset Office Dr., Suite #100
St. Louis, MO 63127
Phone: (314) 966-8077
www.YourEstateMatters.com

Find Us Online

Protecting Your Pet In Your Pet Plan

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