How Can I Plan for My Pet After Death?

For many of us, pets are more than animals — they’re family. They greet us with wagging tails, provide emotional support, and offer unconditional love. So it’s only natural to wonder: What happens to my pet if I pass away before them?

In Florida, there are legal tools and thoughtful planning strategies that can ensure your furry (or feathered) friend continues to receive love and care after you're gone. Here’s how to make sure your pet is protected as part of your estate plan.

1. Understand the Legal Status of Pets in Florida

Under Florida law, pets are considered personal property — much like your car or jewelry. This means they cannot directly inherit assets or own property themselves. Without a plan in place, your pet’s future could be left to chance, especially if there’s confusion or disagreement among surviving loved ones.

2. Include Pet Care Instructions in Your Will

Your Last Will and Testament can name a person to care for your pet and leave them funds to cover expenses. However, there are a few important caveats:

• Probate delay: Wills must go through probate, which can take weeks or months — leaving a pet in limbo.
• No enforcement mechanism: A will can leave money to a person “for the care of the pet,” but it doesn’t legally require them to use the money for that purpose.

This makes wills a helpful tool, but not necessarily a foolproof one for pet planning.

3. Create a Pet Trust (Florida Statute §736.0408)

Florida law specifically allows for the creation of Pet Trusts — legally binding arrangements that set aside money for a pet’s care and appoint a trustee to oversee how those funds are used.

Key benefits of a pet trust:

• Legally enforceable: The trustee is obligated to follow the terms of the trust.
• Immediate effect: If the trust is part of a living trust, it can become effective during your lifetime or immediately upon your death — avoiding probate delays.
• Customizable: You can include detailed instructions for your pet’s care, from veterinary providers to diet and favorite toys.

Florida’s pet trust law allows the trust to remain in effect for the life of the pet (or pets, if you have more than one).

4. Choose the Right Caregiver and Trustee

You'll need two key people:

• Caregiver: The individual who will actually take in and care for your pet.
• Trustee: The person (or institution) who manages the funds and ensures they are used appropriately for the pet’s benefit.

Make sure these individuals are trustworthy, willing, and understand your expectations. It’s smart to name backups in case your first choice is unable or unwilling to serve when the time comes.

5. Estimate Care Costs Realistically

Consider your pet’s needs — food, grooming, routine vet visits, emergency care, boarding, and even end-of-life expenses. Multiply those costs by your pet’s expected lifespan and include a cushion. It’s not uncommon for pet trusts to allocate $5,000–$25,000 or more, depending on the type and number of pets.

6. Leave Detailed Instructions

Your trust or will can include a letter of intent outlining your pet’s:

• Daily routine
• Medical history and needs
• Preferred food and treats
• Exercise and play habits
• Behavioral quirks

This guidance can help the caregiver maintain consistency and comfort for your pet.

7. Talk With Your Estate Planning Attorney

Because Florida law has specific provisions regarding pet trusts and estate planning, it’s important to work with an attorney who is well-versed in these areas. They can help you:

• Draft a valid and enforceable pet trust
• Coordinate your trust with the rest of your estate plan
• Ensure any funds set aside do not unintentionally affect estate taxes or Medicaid eligibility

Conclusion: Planning for Pets Is an Act of Love

Your pet depends on you for everything. By including them in your estate plan, you can ensure they continue to receive the care, comfort, and affection they deserve — even when you’re no longer here. In Florida, tools like pet trusts make it easier than ever to provide peace of mind for both you and your beloved companion.

Need help getting started? Give us a call. We can walk you through setting up a legally sound plan tailored to your pet and your wishes.