What is Pet Trust Drafting?
A pet trust is a legal agreement that puts money aside into a fund for your pets. It involves appointing a caregiver who will look after your pets for you if you are unable to do so, such as if you pass away.
To ensure your beloved pets are properly looked after, you need to pay careful attention to drafting a pet trust.
Read the rest of this article for clarity about key terms to include in a pet trust, how to draft it, and how a qualified lawyer can assist you with the process.
What are Key Terms to Include in a Pet Trust?
A pet trust usually contains the following essential terms:
- Trustmaker. This is the pet owner who starts the trust.
- Trustee. This is the person you appoint to hold and manage the trust according to your instructions.
- Caregiver. This is another person you will appoint. Their goal is to care for your pet.
- Pet identification. Provide a detailed description of your pets, such as by including photos.
- Funding. This refers to the funds or assets in the trust. How much is required will be based on factors such as the pet’s life expectancy, medical conditions, and expenses.
What are Tips for Drafting a Pet Trust?
Once you’ve established the key terms in your pet trust, you should consider additional information to prevent missing gaps or challenges regarding your wishes being fulfilled. Here are some drafting tips to think about.
Provide Pet Details
Make sure you describe all your pets by name, breed, age, species, and distinguishing features. This prevents confusion over the pets being cared for and serves to distinguish different pets from each other.
Choose a Trustee and Caregiver
You should select individuals who are responsible and reliable so that they will manage the fund property and care for your pets in the way you would. Include backups to step in should the original selections are unable to fulfill their duties.
Outline the Funding Amount
You should specify the amount of funds required to look after your pets for their estimated lifespans. Consider the costs of their food, grooming, medication, insurance, and veterinary treatments so that you have enough money.
Remember that you should also provide the caregiver with an allowance or reimbursement for documented expenses, depending on the arrangement.
Provide Trustee Authority
You want to give the trustee you’ve appointed authority to guarantee the pets welfare and be in charge of tasks such as reviewing expenses. Be clear about what’s expected of them.
Minimize Misuse
You need to put safeguards into the agreement to ensure your wishes are fulfilled and your pets are looked after properly. Consider adding periodic report obligations for the pets’ health and expenses, and authorize welfare checks by an independent party. You want to ensure your trustee can intervene if the caregiver isn’t meeting the standard of care you’ve outlined.
Check Legal Requirements
The laws you have to meet could vary in different U.S. states, so get informed about what’s legally required. Confirm your specific state’s requirements when creating the document and how long the trust can last. Since you might miss details, it’s in your best interest to hire a lawyer to help you with ensuring legal compliance of your pet trust.
Should You Hire a Lawyer for Pet Trust Drafting?
When drafting a pet trust, it can help you to hire a lawyer to assist you with the process. This will give you peace of mind that all its terms are legally sound and protect your interests, as well as your pets’ welfare.
A lawyer can conduct various tasks during the drafting of your pet trust:
- Assessing your requirements. They’ll discuss your pets and your wishes regarding their care so that the pet trust is aligned with your needs.
- Checking state laws. They’ll ensure the pet trust is aligned with all the relevant laws regarding pet trusts.
- Appointing trustees and caregivers. They'll help you to choose the right people for your pet trust, and ensure you have backups in place.
- Calculating your funding amount. They’ll help you work out exactly how much you should have in funding for your pets’ care.
- Drafting clear care instructions. They’ll ensure all your wishes are outlined in the pet trust document in a clear, specific way so there’s no confusion.
- Reviewing your pet trust. If you’ve drafted your pet trust document, you should hire a lawyer to review it thoroughly so that you don’t miss anything important.
Where to Find a Lawyer for Pet Trust Drafting
If you need to find a lawyer to draft your pet trust, you don’t have to call traditional law firms in your area. You can use an online legal network that connects you to lawyers who are experienced and knowledgeable.
ContractsCounsel is one of the largest online legal marketplaces that connects you to a curated network of lawyers who have been vetted on the platform.
To request that a lawyer on the platform drafts your contract, here are the easy steps to follow:
- Go to the ContractsCounsel marketplace, where it’s free to post your project.
- Select ‘One-time project’ or ‘Create or update contract.’ Alternatively, you can hire a lawyer to review your pet trust by choosing ‘Review contract.’
- Post your project. Try to include details of what you need so you can connect with the most suitable lawyers.
- Wait for bids. You’ll receive bids from lawyers directly on the platform who are ready to assist you.
- Review the lawyer data. The platform provides extensive information about lawyers you can hire, such as their location, years of experience, field of expertise, credentials, and client ratings for projects previously completed on the platform.
- Select a lawyer to hire. They’ll draft your pet trust for a flat fee.