Pet Care After Death: How to Protect the Well-Being of Your Pets in North Carolina

 They are cute, cuddly and part of the family; but what happens to your pet after you pass? Unfortunately, you are not allowed to leave items to your pet in a will in North Carolina, so how do you ensure your pet is taken care of? To many, pets feel more like a child than an animal who provides comfort through difficult times and can feel closer to a person than their own family and friends. So, it is very common for people to ensure that proper measures are in place for their pet to be taken care of after they pass.

Unfortunately, in North Carolina, any testamentary gift you leave for a pet will automatically be deemed void by the Court. However, this does not mean there are no options to provide for your pets after death. There are several steps you can take to guarantee your pet is well taken care of when you no longer can, and our estate attorneys can assist with the preparations

You can choose who will care for your pet after your death

Generally, if there are no legal instructions for the passing of a pet after death, your pet will go to the residuary beneficiary of your will, or to your next of kin (as determined by state law) if you do not have a will (intestate). This may or may not be the person you would choose to take care of your pet after your death. Although they may be a great person, they may have no idea how to properly take care of a pet, or have no desire to do so.

To ensure your pet goes to a person you believe will take the best care of them, you have two options to name a new owner for your pet: a provision in your will, or a revocable living trust.

Will. Legally, your pet is considered a piece of property and should be passed in your will just as any other piece of property, such as a ring, car or house. This means you have an opportunity to choose a new owner for your pet - the owner you believe will take the best care of your loving family member. You should also list an alternate owner in case your first choice is unable or unwilling to take your pet.

Revocable Living Trust. Instead of designating a new owner in your will, you may choose to use a revocable living trust. A trust is a document that serves the same purpose as a will, but avoids probate after your death. A living trust will allow you to transfer ownership of your pet at your death, but by making it a revocable trust, you can also change your mind at any time before your death. Just as with the trust, you should be sure to name an alternate.

You can leave money for your pet after your death

Many times when a person leaves their pet to a new owner, they also leave funds to care for the pet. There are a couple of options for doing this. You could leave money directly to the new owner to take care of the needs of the pet, or in some states (including North Carolina), you could set up a pet trust for the benefit of your pet.

Leaving money to the new owner. This is as simple as it sounds; you make a provision in your will in which you leave a specific amount of money to the new owner "for the care of your pet." It is important to note that even though you leave money with specific wording for the care of your pet, the new owner may or may not actually use the money for the care of the pet. A provision like this is not usually enforceable, so you would want to make sure that the person you leave your pet and/or money to is someone you trust to follow your wishes.

Pet Trust. North Carolina allows a person to set up a pet trust where you, as the creator of the trust, fund it with money or property (prior to, or at the time of your death), and leave specific instructions on how the funds should be distributed. You would also appoint who you would want to serve as trustee, which is the person who is responsible for managing the trust and following the instructions you leave for it. For example, you could fund the trust with $3,000 and leave instructions to distribute $50/month for your pet's food, supplies and toys.

What should be your next step?

Act now. As discussed above, you can set up a will or trust that will take care of your pet after your death. You should set this up immediately so it will available for the care of your pet if you were to become incapacitated before your death and can no longer care for the pet yourself.

Contact Hull & Chandler today to see what you can do now to ensure your pet is taken care of later.