Pets in the Will: Ensuring Fido's Future

In this episode, attorney Peter Klink of Klink Law tackles a topic that’s close to many hearts—how to make sure your beloved pet is protected after you're gone. While estate planning often focuses on finances and property, Peter reminds us that our furry, feathered, or scaled companions deserve just as much consideration.

Transcript

Hi, everybody. It’s Peter Klenk at Klenk Law, here to continue our ongoing conversation about the soothing and easy subject of death and taxes. That’s right—I know it’s not everyone’s favorite topic, but it is inevitable. Sometimes, it’s even interesting to talk about.

One of those topics is: how do we take care of your pet? The title here is Pets in the Will: Ensuring Fido’s Future, but this applies to any pet. If you have a pet, you probably love them and want to make sure they’re safe and cared for. A little planning can go a long way to ensure that happens.

Let’s start with the basics. Of course, if you want to dig into the details, you can always call us to discuss your specific situation.

First, know your pet. A cat or dog has very different needs than a turtle or a parrot. There are big differences in lifespan, expenses, and the kind of expertise required. It's important to think through these factors so that in your estate plan—whether it’s a revocable trust or a will—you can name someone to be in charge of your pet’s welfare.

Some people are good with pets. Some are not. You want to pick someone who will care for your pet the way you would. Make sure they understand what’s expected and are genuinely willing.

It’s also important to note: while you can put anything in your will, it may not be read for weeks—or even months—after your death, depending on how quickly your executor acts. That’s why it’s crucial to let everyone know who you’ve chosen to care for your pet. You don’t want it to be a surprise months later, especially if something happens to your pet in the meantime.

Expense is another key issue. Pets cost money—especially older ones. If you have a senior cat or dog, medical and care costs can be significant. It's a lot to ask someone to take in an elderly pet they didn’t enjoy during their younger years and expect them to cover all the expenses.

In your will, you should set aside funds to ensure your pet is properly cared for. The amount will depend on your pet, but $5,000 to $6,000 is fairly common—and sometimes more. Can we set up a trust? Yes, we can. But ideally, you identify someone trustworthy, give them the money, and trust they’ll use it to care for your pet.

The oversight involved in a formal pet trust can be complex and expensive, especially for smaller amounts. It’s usually more practical to select someone you trust and provide them with the funds directly. That way, they’re not burdened by unexpected costs.

In some cases, pets have very specific needs. For example, if you have a parrot, they can live for 100 years. You really need to think through that situation. There are sanctuaries for birds like parrots because of their long lifespans, and there aren’t many people willing or able to care for them properly.

Also consider documentation. If you have pet insurance, where is the paperwork? After you pass, it’s easy for documents to get thrown away or lost if people don’t know what they are or where to find them. Make sure any important information about your pet is accessible to the person taking on the responsibility.

Your trustee or executor might not be the best person to care for your pet—but they need to be part of the plan. Legally, your pet is considered property and is part of your estate. That means your executor or trustee will have the authority, even if someone else will be the one actually providing care. They need to know your plan and help implement it.

So, that’s some general guidance. These considerations come up with nearly every pet. There might be more specific issues with your situation, so we should talk.

Give us a call at 215-790-1095. That’s our main number, and we can connect you with the right person to help with your questions.

I look forward to talking with you. Don’t forget to like and subscribe so you can hear more as I release new videos.

Have a great day—I’ll talk to you again soon.