How to Include Pets in Wills, Trusts, and Care Instructions

At Widlast Legal, we’ve seen it time and time again: people pour their hearts into caring for their pets, treating them like family—because they are family. But when it comes to estate planning, even the most devoted pet parents often overlook one crucial question:

“What happens to my pet if something happens to me?”

It’s not the most comfortable thing to think about, but planning ahead could mean the difference between your dog living out their days chasing tennis balls in a loving home or landing in a shelter with no clear future.

Let’s talk about how you can make sure your pet’s future is just as secure as the rest of your estate.

Why It Matters

Legally, pets are considered personal property, yes, just like your car or your couch. That means if you don’t specifically plan for them, they could be treated like another item on a list of assets. No one wants their golden retriever or rescue cat to be handed off without thought, or worse, forgotten altogether.

The good news? You have several meaningful ways to make sure your pet is cared for, loved, and provided for, no matter what.

How to Include Pets in Your Estate Plan

1. Wills: The Basic Option

You can name a specific person to inherit your pet in your will and even leave a financial gift to support their care. It’s a simple approach, but not without limitations. Wills go through probate, which can cause delays—something not ideal when a pet needs immediate care. Plus, once a will is executed, there’s no real oversight to ensure your wishes are followed.

2. Trust Designation of New Caretaker

If you have a Trust, the most common approach is to include a provision designating someone, or a list of individuals in order, to whom you would like to leave your pet.  If the first person you name declines, your Trustee will ask the second person on your list and so on, until someone agrees to take your pet. Often, our clients will list a few family members or friends, and then as a last resort, the list designates a local animal organization that provides re-homing services.

For the individual or organization that accepts responsibility to take your pet, you can include a specific cash gift as well, intended to thank them for taking your pet, in recognition of the financial burden they will likely incur in the coming months and years.

But, this approach has limitations too.  The person who accepts your pet and receives the cash gift is not bound to keep your pet or the pet may pass away shortly after you, and they would still be entitled to keep the cash gift.  Further, there is no oversight to make sure the new owner of your pet actually treats the pet well and uses the funds you provided for the benefit of your pet.

3. Pet Trusts: Complete Peace of Mind

For those who want more control and continuity, a pet trust offers a powerful solution. This legally binding tool lets you:

• Choose a caregiver for your pet
• Appoint a trustee to manage funds
• Spell out exactly how your pet should be cared for (food preferences, medical needs, favorite routines—you name it)
• Ensure ongoing oversight to make sure funds are used appropriately

Think of it as a personalized playbook for your pet’s well-being, one that comes with a safety net.

4. Letters of Instruction: The Heartfelt Touch

While not legally enforceable, a letter of instruction can be the most comforting part of your plan for your pet and their future caregiver. This is where you can include things like:

• “Luna likes to sleep under the bed when it rains.”
• “Max gets anxious at the vet, so bring his favorite stuffed moose.”
• “Don’t forget his allergy meds, every morning with breakfast.”

These personal touches can make all the difference when someone else steps into the role of caregiver.

Planning for the Unexpected

What if something happens suddenly? A fall, a hospital stay, a delayed flight?

You can prepare for emergencies by:

• Naming a temporary guardian in your plan
• Including your pet in your powers of attorney
• Keeping an emergency pet care card in your wallet or phone case (so first responders know there’s a pet at home who needs help too)

We’re Here to Help—Because They Deserve It

At Widlast Legal, we believe your estate plan should reflect your whole family, fur, feathers, or scales included. Whether you’re creating a comprehensive pet trust, revisiting an old will, or just getting started, we’ll guide you every step of the way.

Your pet has been by your side through thick and thin. Let’s return the favor by making sure they’re loved and protected, no matter what.

Ready to give Fido a future as thoughtful as the life you’ve built together?
Contact us today to schedule your planning session.