Law Office of Macklin K Everly

For many people, pets are considered family members. Yet, under the law, pets are classified as property, which can pose challenges when planning for their care after your death. Fortunately, Ohio law allows for the establishment of a pet trust, ensuring that your beloved pets will be cared for if something happens to you. Here’s what you need to know about setting up a pet trust in Ohio.

What is a Pet Trust?

A pet trust is a legal arrangement where you designate funds and appoint a trustee to manage those funds for the benefit of your pets after you pass away. The trustee is responsible for ensuring that the pet’s caregiver has the resources to provide food, shelter, veterinary care, and other essentials.

Ohio Law on Pet Trusts

Under Ohio law (Ohio Rev. Code § 5804.08), pet owners can create trusts for the care of animals alive during their lifetime. This statute recognizes pet trusts as valid and enforceable. The trust can be established to provide care for pets for the duration of their life, and the trust ends when no living animal covered by the trust remains alive.

Ohio law allows the trust to be enforced by a person designated in the trust. If no one is designated, the court can appoint a person to enforce the trust if necessary. This ensures that the trustee is held accountable for fulfilling their responsibilities.

Steps to Establish a Pet Trust in Ohio

1.   Choose a Caregiver

The first step in creating a pet trust is choosing a reliable caregiver. This is the person who will take physical custody of your pets and ensure their daily needs are met. It’s important to choose someone who loves and understands animals, and ideally, someone your pets are familiar with.

2.   Select a Trustee

The trustee will manage the funds you allocate for the care of your pets according to your instructions. The trustee and caregiver can be the same person, but it’s often advisable to choose separate individuals to provide a system of checks and balances. The trustee should be someone you trust to handle money responsibly and follow the instructions in the trust.

3.   Determine the Size of the Trust

You’ll need to estimate how much money will be required for your pets’ care. This includes daily expenses such as food, grooming, and veterinary care, as well as potential costs for medical emergencies.

4.   Specify Instructions for Care

In the trust document, you should provide detailed instructions on how you want your pets to be cared for. You can include information such as the type of food they eat, their exercise routine, medical conditions, and any other preferences. The more detailed your instructions, the easier it will be for the caregiver to maintain your pet’s lifestyle.

5.   Address Remaining Funds

Any funds left in the trust after the last pet dies must be disbursed. You can designate a remainder beneficiary, such as a family member or charity, to receive any leftover money. This prevents the funds from becoming part of your general estate and ensures your wishes are followed.

Why Establish a Pet Trust?

A pet trust is a secure way to ensure your pets are properly cared for should something happen to you. Without a pet trust, there is no legal obligation for anyone to care for your animals, and they could end up in shelters or with someone who cannot provide proper care. A pet trust gives you peace of mind, knowing your pets will be in good hands.

If you’re considering setting up a pet trust, schedule a free virtual consultation with me to ensure that all legal requirements are met and that your beloved pets will be well-provided for.