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You were named as Pet Caretaker — now what?

Your friend or loved one has created their revocable living trust — and they just named you as Pet Caretaker. What does this actually mean?

Note that if you were named as an alternate Pet Caretaker, then you will be asked to serve only if the person named as Pet Caretaker is unable to, or declines to serve.

What is a Revocable Living Trust?

Like a will, a revocable living trust is an estate planning tool that provides instructions about how the trust’s creator (known as the “Grantor”) wishes to distribute certain property after they’ve passed away. Legally speaking, pets are considered property, and so the Grantor’s trust can also provide instructions regarding who should get custody of his or her pets, and how those pets should be cared for. The Grantor may also have left money in a so-called “Pet Trust” for the purpose of caring for those pets and even compensating the Pet Caretaker.

What is a Pet Caretaker?

The Pet Caretaker is the person nominated by the Grantor to take custody of his or her pets after the Grantor has passed (or become “Incapacitated” and unable to care for them personally). If the Pet Caretaker accepts this nomination, they’ll be responsible for providing a home for the Grantor’s pets and following the Grantor’s instructions for how the pets should be cared for. If the Grantor has left money for the care of these pets in a Pet Trust, the Pet Caretaker may be entitled to reimbursement of any expenses incurred to care for the pets. Be sure to keep receipts for any expenses that you incur, so that you can be repaid! Sometimes, the Pet Trust will also provide for periodic payments to the Pet Caretaker as compensation for their service.

A Pet Caretaker’s specific responsibilities are usually set out in the document that created the Grantor’s trust (known as the “Declaration of Trust”). While every arrangement is different, Pet Caretakers typically must:

  • Provide a home for any pets the Grantor has entrusted to your care;
  • Care for these pets according to the instructions in the Declaration of Trust, which may specify the type of food the pets should be given, how often the pets should receive grooming, and the type of veterinarian care the pets receive.

Do I have to serve as Pet Caretaker?

No, being nominated does not obligate you to serve. When the time comes, you can decide whether to accept this responsibility or not. If you choose to decline, another alternate Pet Caretaker named in the trust can be asked to serve instead. If no alternate is specified (or willing to serve), the Declaration of Trust will usually provide instructions for finding an appropriate replacement. (If you are already certain that you are not willing to serve as the Pet Caretaker, it is best to let the Grantor know as soon as possible, so that a willing Pet Caretaker can be named instead.)

What should I do now?

  • If the Grantor hasn’t done so already, get in touch to discuss the specifics of their wishes so you know exactly what your responsibilities as Pet Caretaker will be.
  • Create or update your own will or trust. It's quick, 100% free, and you can update it at any time.

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