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For many of us, pets are more than companions — they’re family. Yet under New York law, pets are considered property. That means they don’t automatically come with care instructions if something happens to you. Without clear legal provisions, their future can be uncertain.
Whether you already have an estate plan or you’re just beginning to think about one, making arrangements for your pets ensures they’ll continue to receive the care, comfort, and love they deserve. In New York, you have several options, including a unique law that allows you to create a trust specifically for your pet’s benefit.
Understanding New York’s Pet Trust Law (EPTL §7-8.1)
New York allows legally enforceable trusts for pets. Under EPTL §7-8.1, you can set aside money and instructions for your pet’s care that last for their lifetime.
Here’s how it works:
- Name a trustee to manage funds for your pet.
- Name a caregiver for daily care.
- The trust lasts for your pet’s lifetime, with any remaining funds distributed according to your instructions.
This arrangement gives you control and peace of mind. You can specify details like diet, medical needs, or preferred boarding.
Other Options for Providing for Pets in Your Estate Plan
While a pet trust is the most formal and enforceable tool, there are other ways to plan for your pet’s future:
- Will Provisions – You can name a caregiver in your will and leave them a sum of money to cover your pet’s needs. This is simple but less flexible than a trust because the funds are distributed all at once and not monitored.
- Informal Arrangements – Some people rely on a verbal promise from a friend or family member. This is not legally binding and could fall through if circumstances change.
- Gifts to Caregivers – You can gift money outright to a trusted person with the understanding they’ll use it for the pet. The risk here is that there’s no legal requirement for the funds to be spent on the animal.
- Backup Caregivers – No matter which option you choose, it’s wise to name an alternate in case your first choice is unable or unwilling to serve.
Factors to Consider When Planning for Your Pet’s Future
Every pet’s needs are different. As you decide how to structure your plan, think about:
- Your pet’s age and health – An older pet might require more medical care, while a younger pet could need a long-term plan.
- Special care requirements – Dietary restrictions, medications, or behavioral quirks should be addressed in writing.
- Expected costs – Food, grooming, veterinary care, boarding, and emergencies all add up.
- Caregiver suitability – The person you choose should have the time, resources, and willingness to take on the responsibility.
Steps to Get Started
If you’re ready to put your wishes in writing, here’s how to begin:
- Identify trusted caregivers – Think about who in your life has the right temperament and stability to care for your pet.
- Have an open conversation – Make sure they are willing and able to step in if needed.
- Decide on the right legal tool – Pet trust, will provision, or both, depending on your needs and budget.
- Include detailed instructions – The more specific you are, the better.
- Work with an estate planning attorney – A legal professional can ensure your documents comply with New York law and are properly executed.
Risks of Failing to Plan
Without a plan, pets can end up in limbo. If no one steps forward immediately, your pet might be placed in a shelter. Even if a family member takes them in, disagreements can arise over how the pet should be cared for or who should pay for expenses. And without legal direction, funds you intended for your pet might be spent elsewhere.
FAQs About Including Pets in a New York Estate Plan
1. Can I legally leave money to my pet in New York?
Not directly. Pets are considered property and can’t inherit money. A pet trust under EPTL §7-8.1 ensures funds are used for their care.
2. What happens if I don’t make a plan for my pet?
Your pet could end up with a family member, a friend, or in a shelter. Without legal guidance, there’s no guarantee they’ll receive the care you would have chosen.
3. How much should I set aside for my pet’s care?
It depends on your pet’s age, health, and lifestyle. Consider annual expenses and potential emergencies. Your attorney can help estimate a reasonable amount.
We Can Help You Protect Your Pet’s Future
Your pets rely on you, and with the right planning, you can protect them even after you’re gone. At Merlino & Gonzalez, we help New Yorkers create estate plans with thoughtful provisions for animals. Whether you choose a pet trust, will provision, or another arrangement, we’ll make sure your wishes are clear, legal, and enforceable.
Contact us today to discuss how to include your pets in your estate plan so they’ll always be cared for by the people you trust most.