Burbank Pet Trust Lawyer

Until 2009, California law did not allow pet owners to have an enforceable agreement for the care of their pets following their death. With the passage of Probate Code 15212, the California State Legislature provided a way for people to care for their pets, to provide post-death care for their pets.

The law now provides that a trust may continue on for the life of your pet. The principal and income of the trust can only be used for the benefit of the pet. Upon the termination of the trust, the trustee is responsible for distributing it as provided in the trust instrument.

The optimal way to set up the pet trust is to have one person named as the trustee to manage the assets of the trust and another person with responsibility is to care for the pet. This allows for a check and balance regarding the administration of the trust.

A further check and balance regarding the administration of the trust is the requirement that trusts that have more than $40,000 of assets in them must give a yearly accounting to the persons who will inherit upon your pet's death. These beneficiaries have an incentive to see that the funds are being well managed for the care of the pet and ultimately for their inheritance.

Prior to the enactment of this law, any provisions made for a pet in your trust or will were not legally enforceable.

A pet trust need not be a standalone independent trust but can be considered a portion of a living trust that you establish for your entire estate.