Pets are People, Too - Georgia Adopts Pet Trust Law

If you are like me, and many other people I know, one of your best friends is your pet.   The older I get, the closer I seem to be to my pets.  Maybe it is because all of our children are grown and gone or perhaps it is because our pets don’t talk back or ask for money.

Speaking of money, while we can’t leave money directly to our pets in our will, we can provide for them when we are gone or can no longer take care of them.  Some of the things that you can do for your pet are:

• Choose your favorite pet’s new owner or caretaker;
• Provide funds for your pet’s care;
• Leave instructions for your pet's burial or other disposition.     

When you are deciding what you want done with your earthly possessions after your death, also give thought about what you want to happen to your cat, dog or other pet.  Choosing the new master may be the most important thing you can do to make sure your pet is well taken care of after your death. Whatever method you use, make sure that you first talk to the individual you want to take care of your pet after you are gone, to make sure they are willing and able to do so.

The best way to make sure that your pet receives the attention and care that it deserves, and is not a financial burden on the person taking care of it, is to provide the funds for your pet’s care after you are gone.

Whatever you do, make sure that your desires for your pet are legally binding. This can be done by including your desires in your Last Will & Testament or in a Revocable Living Trust (an estate planning tool that when used correctly serves the same purpose as a will, but avoids probate after your death.) Another advantage of a Living Trust is that it can take effect before your death, if you were to become incapacitated and unable to care for your pet.  The provisions of a Will, of course, don't have any legal effect until your death.

Until recently, most states didn't allow trusts for animals.  Georgia has recently adopted a new law (Senate Bill 131) which went into effect on July 1, 2010, and joined 30 other states that have adopted laws recognizing your right to set up a Pet Trust.  The Pet Trust can be included in your Will or can be set up in a Trust established while you are living.  With a Pet Trust, you can leave money or property for the benefit of your pet and put someone, called a Trustee, in charge of managing and spending the property and funds for your pet according to the written set of instructions that you provide.

If planning for your pet’s care after you are gone or can no longer take care of the pet is important to you, it is even more important that your instructions be legally binding and enforceable and that the funds you leave are used in the manner you desire. Make sure that your Will and Trust are prepared by an experienced estate planning attorney.

If you are interested in providing for your pet in your Will or in a Trust, call me or one of our other estate planning attorneys at 706-259-2586.