We periodically get requests to establish a trust to provide
for the care of a pet. Unfortunately,
Minnesota is one of the states that does not allow animal owners to form a pet
trust to provide for their pets after their death. Minnesota trusts must have a person or a
charitable entity as a beneficiary. Pets
are considered property under the law and can only be willed and transferred. So there is no simple way to set aside trust assets
or money for your pet, but there are still some planning options available to
ensure that your pets are cared for after your death or incapacity.
The
primary option available to Minnesota residents is to leave your pet to a
selected devisee or beneficiary through your will or through a living
trust. While you cannot give money
directly to your animal, you may leave money to the new owner that is intended
for the care of the animal. With this
option, the gift is often accompanied with a set of instructions detailing your
desires for the pet’s care. In the past,
we have drafted trusts containing a pet and money for the benefit of a named
person. This trust contained a provision
requiring that the beneficiary must agree to take care of the pet as a
condition of being the beneficiary. If,
in the opinion of the Trustee, the beneficiary was unable or unwilling to take
care of the pet, the beneficiary’s interest terminates and the animal and the
accompanying money in the trust is distributed to someone else.
As another
option, you may want to consider making a gift to a participating animal
shelter or veterinary care organization, which will then either care for your
pet or locate a foster home after your death.
In Minnesota, several nonprofit agencies and educational institutions
offer these services in exchange for a lifetime or testamentary gift of some
specified minimum amount. The gift pays
for the care and placement of the animal.
This is a good route to take when no one you know is willing or able to
accept responsibility for your pets after your death. It is also a good backup plan in case your
selected devisee/beneficiary is unable to take your pet.
A final
option is to simply delegate to your Personal Representative the power to
select a new owner or give the pet to a “no kill” shelter. Under this option, the Personal
Representative would be responsible for caring for the pet after your death
until they can take the appropriate action to find a new owner who is willing
to take on your pet.
Whichever option you choose, it is
a good idea to specify multiple alternative devisees/beneficiaries in case the
first person chosen does not survive you or dies while the pet is still alive. And it is also important that you communicate
with your Personal Representative and your selected devisee/beneficiary so they
are all aware of your wishes and consent to the responsibilities with which
they are being entrusted.
Providing for your pet within your
estate plan can help ensure that your animal will continue to receive the same
level of care that it did during your life.
If you would like to discuss your estate planning options, and how your
pet might fit into your plans, please feel free to contact Tarrant & Liska.
