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California Trusts for Pets

Purpose: The purpose of a trust for a pet is to provide funds to pay for the pet's care after the death of the trustor.

How does it work? The trust can provide that a trust will be established for the care of the pet, and a specified amount of money will be used by the trustee for the care, feeding, and health care of the pet for the remainder of its life. The trust for the pet can be provided either through a will or through a living trust.

Legal authority: California Probate Code section 15212 was enacted in 1991 and authorizes trusts for pets. Prior to 1991 in California courts had been reluctant to declare that these types of trusts were valid.

Alternative: Another approach to lifetime care for pets would be to give the pet to a friend, and also give the friend a cash bequest. This would allow the trust to be closed prior to the death of the pet, but also has a risk that the friend would not be legally obligated to pay for the pet's care.

 

 

 

 

 

 

 

 

 

 

 

 

 

This website is produced by Stephen C. Gruber, Attorney at Law, 5050 El Camino Real, Suite 111, Los Altos, Santa Clara County, California 94022, Telephone:  650-965-7300.