Loving Your Pet Also Means Planning For Them

On February 20, pet owners across the country celebrate National Love Your Pet Day, a day devoted to giving our pets extra attention and recognizing how much they enrich our lives. For many Floridians, dogs, cats, and other companions are closer to family than “property.” Yet under the law, pets are still treated as personal property when an owner dies or becomes incapacitated. Without a clear plan, their future care can be uncertain.

What Is a Pet Trust?

Florida law specifically allows you to create a legally enforceable trust for the care of an animal that is alive during your lifetime. Under section 736.0408, Florida Statutes, a trust may be established for the care of one or more animals and will continue until the death of the last surviving animal covered by the trust. A person named in the trust, or appointed by the court if needed, has authority to enforce the trust’s terms and make sure the funds are actually used for the pet’s benefit.

In practice, a pet trust is a written arrangement that:

• Names a caretaker who will have physical custody of your pet.

• Appoints a trustee to manage and disburse funds for veterinary care, food, grooming, and other expenses.

• Contains detailed instructions about your pet’s routine, medical needs, and quality‑of‑life preferences.

Because the trust is legally recognized, the caregiver and trustee can be held accountable, and the funds must be applied to your pet’s care except to the extent a court determines they exceed what is required, in which case the excess must be returned to you (if living) or your estate or remainder beneficiaries.

Why a Pet Trust Instead of Just a Will?

Many owners simply leave a pet and some money to a friend or family member in a will. While that is better than nothing, it has limitations:

• Gifts in a will are not effective until the will is probated, which may delay funds for immediate care.​

• The person receiving the money is not legally required to spend it on the pet.

• There is no automatic enforcement mechanism if the caregiver’s circumstances change or they simply decide the arrangement is inconvenient.

By contrast, a pet trust:

• Becomes effective upon your death or incapacity according to the terms you set.

• Creates fiduciary duties for the trustee, who must use the funds as directed and can be removed by the court if they fail to do so.

• Allows you to designate remainder beneficiaries, such as family members or a favorite animal charity, to receive any funds left after your pet’s lifetime.

For clients who view their pets as family, these protections often justify the modest additional planning cost.

Key Decisions When Creating a Pet Trust

When we design a Florida pet trust, we walk through several practical questions:

• Who will actually care for your pet day‑to‑day? You can name a primary caregiver and one or more backups.

• Who should manage the money? The caregiver and trustee can be the same person, but many clients prefer a separate trustee for additional oversight.

• How much funding is appropriate? We estimate the cost of food, grooming, boarding, pet‑sitting, and veterinary care over the pet’s expected life span, then build in a reasonable cushion.​

• What instructions matter most? Diet, medications, preferred veterinarian, boarding vs. in‑home care, and end‑of‑life decisions can all be spelled out so your caregiver is not guessing.

• Where should any remaining funds go? You may direct that unused funds return to your trust or estate, family members, or animal‑related charities.

These discussions tend to be detailed but give clients significant peace of mind.

How Pet Trusts Fit Into a Florida Estate Plan

A pet trust is usually coordinated with your broader estate plan:

• It can be drafted as a separate stand‑alone trust funded at your death, or as a sub‑trust within your revocable living trust.​

• Your durable power of attorney and health‑care documents can give your agent authority to fund and implement the pet trust if you are incapacitated.

• Your will or revocable trust then confirms how any remaining pet‑trust assets are distributed when your pet dies.

Mark National Love Your Pet Day With a Plan

National Love Your Pet Day is a reminder to do more than buy a new toy or schedule an extra walk. It is an opportunity to ask a harder question: What would happen to my pet if something happened to me?

Florida’s pet trust statute exists precisely so that question does not have to be answered in a crisis. By taking time now to plan, you can ensure that your companion continues to receive the care, attention, and stability they deserve, no matter what the future holds.