Home About Archives RSS Feed

The Independent Investor: Pet Trusts Are the Way to Go

By Bill SchmickiBerkshires Columnist

If you have been avoiding a visit to an estate planning lawyer, despite the pleading of your spouse, your kids or grandkids, consider this: your pet's future well-being could be in jeopardy without a legal safeguard.

As I wrote in my last column, new legislation is surfacing in a number of states that recognizes our concern for our pets. Even though we consider our pets part of the household, legally, your pet is not considered a human. Instead, they are considered tangible property and, generally speaking, tangible property cannot be named as a beneficiary of a trust.

Many states, however, are allowing legally enforceable documents that can guarantee a pet's continuing care. Forty-six states and the District of Columbia have passed statutes specific to pet trusts, according to the Animal Law Review. In Massachusetts, legislation was passed in 2011 to provide for pets' welfare after their owners' demise.

"The definition of tangible personal property hasn't changed," explained attorney Holly Rogers, an expert in the area, "but legislatures have recognized a compassionate exception when it comes to our pets."

The primary legal document required to safeguard your pet is a pet trust, according to Rogers:  "It can be as simple as 'I leave $20,000 to my sister, Betty, for the care of my cat, Fluffy.'"

The pet trust can be a stand-alone document, inserted into your will, or worked into your existing revocable trust. And, as we have written in the past, everyone should have a will or trust anyway. A trust is especially important if minors or adults who can't care for themselves are involved. A trust allows your beneficiaries and your pets to avoid probate which is time-consuming, public and expensive. Trusts also allow for tax-planning if you are leaving a substantial inheritance to your beneficiaries.

For those of us that want more than a simple directive, a pet trust can be drafted with any amount of complexity. Rogers who does estate planning for her Massachusetts clients, is the local "go-to" lawyer when it comes to pet planning.
 
"I have created trusts where there are multiple layers of contingencies," she says. "The trust can name trustees and caretakers both appointed within the document, in which the trustee insures that the pet is cared for and disburses money to the appointed caretaker, and provides specific provisions for the pet's care and the duties of the trustee and caretaker. Responsibilities can be broadly or narrowly defined depending upon the owner's wishes. "

How much can you expect to pay for a pet trust? It depends on who you go to and the level of complexity that you demand. Holly Rogers would be much more reasonable. She estimates a range of $250 for an amendment to add a simple pet trust to your existing will or trust to as much as $1,500 for a soup-to-nuts drafting of an estate plan for you and your family in which your pet trust is part of the package.

Bill Schmick is registered as an investment advisor representative and portfolio manager with Berkshire Money Management (BMM), managing over $200 million for investors in the Berkshires.  Bill's forecasts and opinions are purely his own. None of the information presented here should be construed as an endorsement of BMM or a solicitation to become a client of BMM. Direct inquiries to Bill at 1-888-232-6072 (toll free) or email him at Bill@afewdollarsmore.com.

     

Support Local News

We show up at hurricanes, budget meetings, high school games, accidents, fires and community events. We show up at celebrations and tragedies and everything in between. We show up so our readers can learn about pivotal events that affect their communities and their lives.

How important is local news to you? You can support independent, unbiased journalism and help iBerkshires grow for as a little as the cost of a cup of coffee a week.

News Headlines
Adams Fire District Budget Adds SAFER Grant to Total
Fines, Appeals, Lawsuit Collide in Berkshire Concrete Dispute
Northern Berkshire United Way: 1960s Sees Growth, Goodbyes
Companion Corner: Grey Boy at No Paws left Behind
Letter: Christine Hoyt Best Choice for Adams Select Board on May 4
Letter: Support for Christine Hoyt
BRTA Focuses on a New Run Schedule
North Adams Airport Commissioners Review Badge Policy
BCC Sees Another $1M for New Trades Program
Affordable Housing Situation 'Dire' in the Berkshires
 
 


Categories:
@theMarket (576)
Independent Investor (452)
Retired Investor (290)
Archives:
April 2026 (8)
March 2026 (7)
February 2026 (8)
January 2026 (8)
December 2025 (8)
November 2025 (8)
October 2025 (10)
September 2025 (6)
August 2025 (8)
July 2025 (9)
June 2025 (8)
May 2025 (10)
Tags:
Bailout Federal Reserve Commodities Euro Stock Market Greece Energy Jobs Interest Rates Markets Europe Fiscal Cliff Retirement Taxes Debt Ceiling Currency Japan Oil Stocks Rally Metals Crisis Wall Street Deficit Stimulus Banks Pullback Economy Mortgages Recession Selloff Election Congress Debt Housing
Popular Entries:
The Retired Investor: The Hawks Return
The Retired Investor: Has Labor Found Its Mojo?
The Retired Investor: Climate Change Is Costing Billions
The Retired Investor: Time to Hire an Investment Adviser?
The Retired Investor: Crypto Crashes (Again)
The Retired Investor: My Dog's Medical Bills Are Higher Than Mine
The Retired Investor: Food, Famine, and Global Unrest
The Retired Investor: Holiday Spending Expected to Stay Strong
The Retired Investor: U.S. Shale Producers Can't Rescue Us
The Retired Investor: Investors Should Take a Deep Breath
Recent Entries:
@theMarket: Markets Consolidate Near Highs
The Retired Investor: Inflation and Wartime Economies
@theMarket: Stocks Rocket Higher in Historic Bull Run
The Retired Investor: America's Wartime Economy
@theMarket: World Markets Await Yet Another Weekend of Ceasefire Talks
The Retired Investor: Fish Prices Are Jumping
@theMarket: Stocks Held Hostage by Threats From Both Sides
The Retired Investor: Navigating the Unfriendly Skies
The Retired Investor: Price of Diesel Will Fuel Inflation
@theMarket: Stocks Battered by 1-2 Punch of Inflation, Higher Energy Costs