What is the authority for a Pet Trust in California?  Would you believe the California probate code?  Section 15212 of the California Probate Code provides as follows:

“A trust for the care of a designated domestic or pet animal may be performed by the trustee for the life of the animal, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of the trust contemplate a longer duration.”

Thus, in California you may create a trust, whether within your will or your living trust, for the care of your pet for the remainder of its lifetime.  The length of time of the trust will only be for the lifetime of the pet – no longer.

Pet trusts are becoming more and more popular as evidenced by there being written about in many major newspapers.  Plus, everyone has heard or read about Leona Helmsley’s provisions for her dog.

There are two major types of pet trusts in California – testamentary trusts and inter vivos trusts.  A testamentary trust provides care after you die; while an inter vivos trust provides care for your pet while you are living but are unable to provide the care for yourself.

Under either type of trust, you provide a caretaker to care for your pet.  You may also provide a separate trustee to ensure that the caretaker is undertaking his/her job with the necessary skill and passion.

What are the issues with pet trusts?  More than any other is that of relatives who believe you have left too much for your pet.  While you can never stop someone from being upset, working with an experienced California estate planning attorney/lawyer will make it very difficult for an heir to successfully challenge your bequest to your pet.  In the event that you are located near Los Angeles, please contact a Los Angeles trust and wills attorney to assist you.