DON'T FORGET YOUR FURRY FRIENDS

Look out for your pet even if you can't.

Recently, my daughter’s kitten was diagnosed with a not-so-rare, but fatal illness.  However, a new medication offers hope.  There was never any hesitation that we would do what we had to do to give Josie (the cat’s name) a chance to live.  In the end, her only chance of survival means 84 shots over a 12 week period.  Wow.

Why on earth do we care so much for a little cat.  Is it because of the companionship she offers so freely?  Of course.   Is it our desire to care for another creature?  You bet.  Could it be that warm and fuzzy feeling we get when she looks in our eyes and makes it clear that she loves us too?  That’s it for sure.

​

Whatever the reason, we care deeply for our animals.  It got me to thinking about our pets and what can happen to them if we pass away.

We have probably all heard of the multi-million dollar trust an eccentric millionaire left to take care of a cat.  Yes, a person can set up a trust to take care of a cat.  In fact, in Texas, a pet owner can set up a traditional trust or a special trust for pets called a statutory pet trust.  The statutory version, Chapter 112 of the Texas Property Code, provides some of the terms and provisions making it easier, but a little less flexible, for the owner to create.   You can even create a trust for your pet in your will. 

​

With a typical “inter-vivos “(during your life-time) pet trust, you can provide for the care of your animal after you pass away.  Funds that you put into the trustees name are NOT probated and not subject to estate property division so you can rest assured that the trustee will have those funds.  

However, with a testamentary trust (one that you create in a will), the property will still go through probate and the administrator or executor can fund the trust if there is property left to do so.   It will then be up to the trustee to provide the care to your animal.  Diligence when choosing your trustee is, thus, a major consideration.

​

Are there other ways to look out for your pet in the event you cannot?

A durable power of attorney can provide the authority to a person of your choosing to handle any financial matter you choose, including access to funds to care for your pets.   However, remember, this is only good for while you are alive.  Powers of attorney expire upon the passing of the person.  Therefore, you may still need to make some long term arrangements for your pet.

​

Another way to provide for a pet after your passing is to make a gift in your will to a person for the purpose of taking care of the animal.  This is essentially, but not officially, a trust.  The idea is that the person you name knows you have named them and the will is to give them some funds for the care.  It’s not really any more involved than that.  As long as you pick a trustworthy person, and there are assets in the estate such that the gift can be completed, all should be good.

Perhaps the most important consideration, though, is this, make very sure that others know you have a pet.  Mention it to your family and friends.  A forgotten pet will die in a home if abandoned for any time at all, even if just because the owner is in the hospital.   The thought of a recovering patient returning home to a deceased pet is horrifying indeed.    

So, make very sure that others know you have an animal that depends on you.   

Taking the worry out of your life regarding what will happen to your pet if you pass away is certainly worth the little bit of time it takes.   Our pets are important to us and we take care of them because they give us back everything we give them and more.  Every pet owner wishes their pet to live as long and as healthy a life as possible.  For me, if that means outliving me, I’m good with that.