The important issues to think about when considering establishing a Pet Trust are:

• How much money should be set aside from your final estate for the future care of your pet or pets?
  • Think about how much your pet needs monthly and multiply that by anticipated remaining lifespan for each pet and add a little extra. It is also a good idea to set aside funds to pay the Successor Pet Caretaker (either monthly or otherwise) if they honor your wishes and properly care for your pet or pets.

• Who will you nominate as Caretaker that is willing to be responsible for the care of your pet or pets?
  • California’s Pet Trusts are “honorary” trusts, so the person you nominate as your Successor Pet Caretaker has no legal obligation to care for your pet or pets, so this is an important decision. You will be identifying the health needs, routine, and care each pet needs for your Successor Pet Caretaker (as you will be the initial Pet Caretaker).

• If you do not have someone to act as Pet Caretaker or the nominated person refuses, your Pet Trust can:
  • Give the authority to the Trustee or your personal representative to oversee the adoption of the pet or pets by a caring third party.
  • Provide for appointment of a professional fiduciary or charitable organization involved with caring for pets to oversee the care or adoption of your pet or pets. This may include making assets available to pay the person adopting your pet or pets a specified sum of money for providing proper care, with the Trustee monitoring the quality of the care and overseeing payment to the adopting party.

• Who will you nominate as Trustee of the Pet Trust’s assets?
  • The Trustee manages the assets of the Pet Trust, which creates an independent system for the care of your pet or pets and the administration of the Pet Trust’s assets.

• Do you want any other measures taken to ensure proper administration of the Pet Trust’s assets?
  • By setting up a continuing trust, you can direct the Trustee to pay the new owner, fiduciary, or charity on an ongoing basis for routine care and maintenance of the pet or pets. Whatever assets remain after the death of all pets covered by the Pet Trust gets distributed as you direct.