Pets And Your Estate Plan

You can provide for your pets in a Colorado estate plan by naming a caregiver and, for enforceable care and funding, by creating a pet trust. Colorado law recognizes trusts for the care of designated domestic or pet animals.

Your pets are part of your family, and planning ahead keeps them from being treated like any other item in your estate. Here are your options and how a pet trust works.

Your Options for Pets in an Estate Plan

Your plan can address pets in several ways, and the difference between a will and a trust affects which tool fits:

• A gift in your will. You can leave a pet to a named caregiver, often with money for the pet’s care.
• A pet trust. A trustee holds funds for the pet’s care under written instructions, and the trust can be enforced.
• A written care letter. A letter describing routines, food, and veterinary needs helps whoever takes the pet, even though it is not binding.

How a Colorado Pet Trust Works

Colorado law makes a trust for the care of designated domestic or pet animals, and their offspring in gestation, valid. Unless the trust ends earlier by its own terms, it ends when no living animal is covered by the trust. It is also an exception to the rule against perpetuities, so it can last for the life of the animals it covers.¹

Colorado law also recognizes a protector, a person with authority to enforce the trust on behalf of the animal.² Naming one, separate from the caregiver, adds a layer of oversight.

A pet trust is strongest when the caregiver, trustee, and funding are chosen together. Johnson Law Group offers a no-pressure consultation to plan for your pets, so schedule a consultation when you review your estate plan.

What to Include in a Pet Trust

• Identify each pet by name, description, and microchip number.
• Name a caregiver and a backup who are willing to take the pets.
• Set a realistic budget for food, veterinary care, grooming, and boarding over the pet’s expected life.
• Describe the care you want, including diet, exercise, and end-of-life decisions.
• Say who receives leftover funds when the trust ends.

Plan for Incapacity, Too

Pets need care if you become unable to care for them, not only after death. A financial power of attorney and a living trust can authorize someone to pay for a pet’s care while you are alive.

Frequently Asked Questions

Can I leave money directly to my pet?

Not directly. Money for a pet’s care goes to a caregiver or to a pet trust that holds it for the pet’s benefit.

Talk With a Colorado Estate Planning Attorney

Planning for your pets is a simple step that gives them stability when you cannot provide it. Johnson Law Group is here to help.

The attorneys at Johnson Law Group help clients include pets in wills and trusts and will give you a clear read on the right approach. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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