Huntington Beach, California Attorney, Mark W. Bidwell

Use a trust to care for your pets and animals when you cannot. Don't leave your companion's future to chance. Secure it with estate planning and legal protection.

Three levels of protection and security

• instructional pet trust
• springing pet trust
  
• stealth pet trust

California law now recognizes a trust for the care of a domestic or pet animal. A pet trust protects the pet, but is the trust protected from the heirs? We offer pet owners three options; instructional pet trusts, springing pet trusts, and stealth pet trusts.
 

Instructional Pet Trust

An Instructional Pet Trust has within the typical Living Trust or Last Will and Testament instructions on the care of the pet, the person to provide care and possibly an amount of money to be given to the care giver. There really is no control, just instructions of who will provide care, how and an amount of money. This type of "trust" is strictly on the honor system.

An Instructional Pet Trust is appropriate when the pet owner has confidence in a relative or friend to provide proper care and there will be no challenges to the Trust or Will.

Springing Pet Trust

A Springing Pet Trust is created on the death of the pet owner according to instructions found within a typical trust or will document. All assets of the trust are distributed to human beneficiaries except for a specified amount of money that remains in the trust for the care of the pet. Upon the death of the pet, the remaining assets of the trust are distributed to heirs as directed by the trust. The beneficiaries will become aware of the pet trust due to California law requiring notice to them on the death of the pet owner.

This type of trust is appropriate when the pet owner has no friend or relative to care for the pet and has no concern of family discord or litigation by the heirs to the trust.
 

Stealth Pet Trust

A Stealth Pet Trust is a separate and distinct trust document from any other trust or will. It is created when the person is alive. The Stealth Pet Trust has its own assets. The beneficiary to receive any assets after the pet has died is a charitable organization. A logical charitable organization would be the one providing care to the pet, such as a no-kill shelter or rescue society.

This type of trust is appropriate when there is concern of litigation or family discord among the heirs.