Pet Trusts: When to Create a Pet Trust

Once you have decided that a pet trust is the best option to ensure the long-term care of your pet in the event of your death or disability, the next question to consider is when to actually create the trust. You are given two options for creating a legally enforceable pet trust in California: (1) while you are still alive, or (2) following your death via provisions in a will.

There are pros and cons to each option, and you should always consult a qualified California pet trust attorney before making your decision. However, to achieve the most secure provisions for your pet, an inter vivos trust (or "living trust") is considered by most pet trust attorneys as the best choice. Although initially, the administration fees of a living trust tend to be more costly than creating a pet trust provision in your will, less expense is not always the best way to go. This is one area in which peace of mind will far outweigh the additional costs associated with obtaining the right pet trust for your animal companion.

The reason that a living trust is preferable in most situations is the immediacy of the trust funds to be available at the moment you become unable to care for your pet on your own. For situations in which a pet owner has included pet trust provisions in his or her will, the will has to go through a process of probation before any of those funds are available for the care and well being of your pet. This process can take weeks; even months, for the courts to finalize, leaving the possibility for a period of time in which your animal does not receive the care that he or she needs.

An attorney with a proven track record of success in creating and handling pet trusts within the state of California will be able to give you details concerning the type of pet trust that best fits your needs. An attorney without experience handling such specialized trusts will charge you the same amount of money, but will not be well-informed about the variety of provisions and inclusions a pet trust can have, or what type of pet trust will work best for you. A highly-skilled California pet trust attorney can help you find the peace of mind you need in knowing that your pet will be well cared for, even in the event of your death or disability.