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5 Common Mistakes to Avoid When Including Pets in Your Estate Plan

5 Common Mistakes to Avoid When Including Pets in Your Estate Plan

Feb 10, 2025 | Blog, Estate Planning

Including your pets in your estate plan is a thoughtful way to ensure their well-being after you pass away. However, without a well-structured plan, your good intentions may not translate into effective care. Proper planning is essential to avoid unforeseen challenges that could compromise your pet’s future. Here are five common mistakes to avoid when leaving an inheritance to your beloved pets.

1. Leaving Excessive Assets for Your Pet

While stories of wealthy individuals leaving millions to their pets make headlines, leaving an extravagant amount to your pet is usually impractical. Such inheritances are more likely to be contested by family members who feel slighted. Instead, estimate a realistic budget for your pet’s care, including expenses for food, veterinary care, grooming, and other needs, and allocate an appropriate amount to ensure their comfort and quality of life.

2. Using Vague or Unenforceable Instructions

Ambiguous instructions or informal arrangements often result in your pet not receiving the care you intended. A legally binding tool, such as a pet trust, can address this issue by specifying clear guidelines and ensuring they are enforceable.

A pet trust allows you to designate funds for your pet’s care and dictate how they should be used. You can specify how much the caregiver should receive, outline a care plan for your pet, and ensure that funds are only used for their benefit. For example, you might include instructions on diet, veterinary visits, or grooming. For flexible, frequently changing details, consider writing a separate letter of instruction that can be updated as needed without altering the trust itself.

3. Forgetting to Update Your Estate Plan

Failing to update your estate plan can leave your pet unprotected. For instance, if you create a pet trust for one pet but later adopt another without updating the trust, the new pet may not be covered.

Regularly reviewing your estate plan with a professional ensures it stays up to date, accounting for any changes in your pet ownership or circumstances. This proactive approach helps prevent unintended outcomes, like your pet ending up in a shelter.

4. Skipping a Contingency Plan

Even if you’ve chosen a caregiver for your pet, life is unpredictable. Your designated person may be unwilling or unable to take on the responsibility when the time comes.

To avoid this, include backup caregivers in your plan. An experienced estate planning attorney can help you develop a comprehensive strategy that accounts for these possibilities, ensuring your pet always has someone to care for them.

5. Relying on DIY Estate Planning Tools

Online templates or do-it-yourself legal forms might seem convenient, but they often fail to address the complexities of pet planning. Estate planning laws vary by state, and an improperly created document may not hold up in court.

To ensure your plan is legally valid and tailored to your needs, work with a qualified estate planning attorney. They can guide you in setting up a pet trust or incorporating provisions for your pet into your existing estate plan, giving you peace of mind that your furry companion will be cared for exactly as you intend.

Plan Ahead for Your Pet’s Future

Planning for your pet’s future is a meaningful way to show your love and commitment to their well-being. The good news is that all of these common mistakes are avoidable with professional guidance.

Whether you’re looking to create a new pet trust, update your current estate plan, or explore other planning options, we’re here to help. Contact us today to ensure your pet’s future is secure and their care is carried out according to your wishes.

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