Including Pets in Your Will: Essential Tips for Texas Pet Parents
August is National Make-A-Will Month, making it the perfect time to think about your legacy and ensure your loved ones are cared for after you’re gone. But when we say “loved ones,” we’re not just talking about family and friends—our pets are family too! For Texas pet parents, including your furry companions in your plans is an essential step to ensure they continue to receive the love and care they deserve, even when you’re no longer around. Under Texas law, animals are considered property, so it’s impossible to shelter them in a will. Therefore, the best option for ensuring your companion is cared for is by developing a legally-binding pet trust. These types of estate planning trusts are specific and are best executed by a Texas pet trust attorney. Here’s how you can make sure your pets are taken care of in your estate planning.
Why Include Your Pets in Your Will?
While we might not want to think about it, life is unpredictable. If something happens to you, having a plan in place ensures that your pets won’t be left without care. Including your pets in your will provides peace of mind, knowing they will be placed in the hands of someone you trust.
Pets require daily care, and leaving their future up in the air can lead to stressful situations for both the pets and those left to care for them. Without clear instructions, your pets might end up with someone who may not be equipped to handle their needs.
Things to Consider When Including Your Pet in Your Will
- Choosing a Caregiver:
- Select a trusted friend or family member who understands the commitment of caring for your pet. Consider their lifestyle, availability, and willingness to take on the responsibility.
- It’s also a good idea to have a backup caregiver in case your first choice is unable to care for your pet when the time comes.
- Setting Aside Funds:
- Consider the costs associated with your pet’s care, including food, grooming, veterinary bills, and any special needs. Setting aside funds can help ease the financial burden on the caregiver.
- You might want to establish a pet trust, which can legally allocate funds for your pet’s care.
- Detailed Instructions:
- Every pet has its quirks! Include detailed care instructions for your pet’s daily routine, dietary preferences, medical needs, and favorite activities. This will help the caregiver maintain your pet’s quality of life.
- Legal Considerations:
- Consult with an estate planning attorney who understands Texas laws regarding pet trusts and wills. They can help you draft documents that ensure your wishes are carried out legally.
Resources for Pet Parents in Dallas-Fort Worth
Estate Planning Attorneys: There are several Dallas-based attorneys specializing in wills and pet trusts. The Texas State Bar offers a directory to help you find the right legal support.
Dallas Animal Services: While Dallas Animal Services doesn’t offer legal advice, they can point you toward organizations and legal professionals in Dallas who specialize in pet trusts and estate planning. In the case of emergencies, DAS may offer temporary boarding or direct you to facilities that can help if your designated caregiver is not immediately available.
Texas Pet Trust Law
Under Texas law, you can create a pet trust, which is a legally recognized arrangement allowing you to set aside funds specifically for the care of your pet. This trust can be established either within your will or as a standalone document. As part of pet planning, the trust can include special care instructions such as boarding instructions, dietary requirements, financial resource provisions grooming instructions, and veterinary care. The Texas Property Code § 112.037 governs pet trusts in Texas, and here are some key points:
Duration: The trust remains in effect until the pet’s death or, if you have multiple pets, until the death of the last surviving pet.
Trustee: You can appoint a trustee to manage the trust funds, ensuring that they are used solely for your pet’s care. This trustee can be the same person as the caregiver or a different individual or entity.
Enforcement: The trust can be enforced by a person named in the trust, a person appointed by the court, or even by a non-profit organization focused on animal welfare.
Remainder Funds: Any funds remaining in the trust after the pet’s death can be distributed according to your wishes, such as to a charity or a beneficiary.
Texas is one of the states that recognizes the importance of pets in estate planning, making it possible to ensure that your pets are well cared for through a legally binding trust. This legislation provides a solid foundation for including pets in your will or estate plan, giving you peace of mind that their future is secure.
This August, take the time to ensure that every member of your family, including the furry ones, is cared for in your will. Planning ahead with love and thoughtfulness will provide you and your loved ones peace of mind, knowing that your pets will continue to receive the care they deserve.
At Haute Dog Pet Photography, we specialize in making pets live forever through personality-packed portraits in Dallas-Fort Worth and beyond—because the love we have for our pets deserves to be cherished for generations to come.
