• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Potter Law Firm

North Carolina and Kentucky Estate Planning Attorneys

phone iconNC (704) 944-3245
KY (606) 324-5516
Attend A Free Seminar - KY Attend A Free Webinar - NC/SC THIS IS AN ADVERTISEMENT

  • Home
  • About Us
    • About Our Firm
    • Attorney and Staff Profiles
  • Practice Areas
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • Pet Planning
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
    • Veterans Benefits
  • Communities We Serve
    • Kentucky
      • Boyd County
        • Ashland
        • Florence
      • Kenton County
        • Covington
        • Fort Mitchell
        • Independence
    • North Carolina
      • Mecklenburg County
        • Charlotte
        • Davidson
        • Huntersville
  • Resources
    • Definitions
    • DocuBank
    • Elder Law
      • Elder Law Links
      • Elder Law Reports
      • Local Elder Law Resources
        • Ashland Elder Resources
        • Covington Senior Resources
        • Huntersville Elder Law Resources
        • Independence Senior Resources
    • Elder Law Reports
    • Emergency Legal Documents
    • Free Estate Planning Seminars
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • IRA & Retirement Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Pet Planning
      • Trust Administration & Probate
    • Is Your Estate Plan Outdated?
    • Kentucky Probate Resources
      • Ashland, Kentucky Probate Resources
    • Newsletters
    • North Carolina Probate Resources
      • Huntersville, NC Probate Resources
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Elder Law Reports
      • Estate Planning for Niches
      • Trust Administration
  • Contact Us
  • BLOG
Home » Pet Planning in North Carolina » Why You Should Consider Estate Planning for Pets

Why You Should Consider Estate Planning for Pets

November 5, 2018 by John Potter

Estate planning for petsIf you have a beloved pet that has been a part of your family for years, you may be concerned about how your pet will be taken care of after you pass away. Some clients assume they can simply include a provision in their last will and testament that leaves money to their pet. The problem is that pets cannot own or inherit property. However, our attorneys can help you with estate planning for pets. This way, you can include the necessary provisions for your pet in your estate plan and feel secure that your beloved family pet will be cared for after your death.

Providing for the Necessary Expenses

The first step is to make sure that you provide sufficient funds to provide for the care of your pet. Since pets cannot own property, you cannot leave money for them in your will. Instead, you will need to designate someone to care for your pet and then provide enough funds to cover the costs. How much you need to set aside for your pet will depend on many factors such as the lifestyle your pet may be used to and the amount of money you anticipate will be left in your estate that can be designated for this purpose.

Selecting a Caregiver for Your Pet

In addition to providing sufficient funds to cover the costs of caring for your pet, you need to decide who will be responsible for caring for your pet. When you are selecting a caregiver for your pet, the key is to choose someone who you believe will be reliable. There are many private organizations that provide care to pets after their owners have passed away. But, if you choose an individual, be sure that person will agree to take on the responsibility of caring for your pet when the time comes. Whichever way you decide to go, you must discuss your plans for the care of your pet with your chosen caregiver ahead of time. Another option is to designate an agency that will be responsible for finding someone to adopt your pet. This agency can be identified in your last will and testament.

Your Will Does not Create  a Legal Obligation to Care for Your Pet

What many people do not realize is that even by creating these provisions in your last will and testament, your chosen caregiver is not legally bound to care for your pet. All the last will and testament can do is identify who will inherit your pet. In reality, the person you choose could ultimately decide not to keep the pet but keep the funds you set aside. For this reason, it is important that you carefully select your caregiver. This is one part of estate planning for pets that can be difficult.

Using a Trust in Estate Planning for Pets

If you are having a difficult time selecting someone you can rely on to follow through with your wishes voluntarily, then there is a more legally binding option that you can consider in your estate planning for pets. Pet trusts are a special type of trust that you can use to leave your pet to your chosen caregiver along with sufficient financial resources. The trust creates a legal obligation to use the assets for the pet’s care. If the caregiver does not follow the instructions included in the trust agreement, they can be held legally liable for violating those terms. Compared to provisions in your last will and testament, a pet trust can be more complicated and more expensive. But it can also be more reassuring.

What Happens if You Don’t Have Estate Planning for Pets

Since your pet is considered property and, therefore, simply part of your estate, if you do not have a plan in place your pet will be given to your residuary beneficiary. That is the person who is entitled to receive the remainder of your estate when all specific bequests have been made. If you do not have a last will and testament, then that person will depend on the laws of intestate succession in your state.

Join us for a free seminar today! If you have questions regarding estate planning for pets or any other estate planning matters, please contact the experienced attorneys at The Potter Law Firm for a consultation. You can contact us either online or by calling us at (704) 944-3245 (Huntersville or Charlotte, NC) or for individuals in Kentucky at (606) 324-5516 (Ashland, KY) or at (859) 372-6655 (Florence, KY).

  • Author
  • Recent Posts
John Potter
Latest posts by John Potter (see all)
  • What You Need to Know about the Medicaid Look-Back Rule - January 3, 2023
  • How to Pass Down Your Legacy in Your Estate Plan - October 3, 2022
  • Practical Steps to Take after Receiving a Terminal Diagnosis - September 30, 2022

Filed Under: Pet Planning in North Carolina

Other Articles You May Find Useful

The Potter Law Firm
Why You Should Create a Pet Trust
Can I Provide for a Pet in My Estate Plan

Free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
Texting Permission

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Subscribe to Our Blog

  • This field is for validation purposes and should be left unchanged.

Testimonials

default image

Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.

DKS & KMS Client Review August 28, 2020

default image

John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.

David J. Client Review August 28, 2020

default image

My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.

Jillian Client Review August 28, 2020

<< Prev
Next >>

Where We Are

Ashland

ASHLAND
1620 Carter Avenue
Ashland, KY 41101-7631
Phone: (606) 324-5516
Fax: (606) 324-4766

Charlotte

CHARLOTTE
15720 Brixham Hill Avenue
Suite 300,
Charlotte, NC 28277
Phone: (704) 944-3245

Huntersville

HUNTERSVILLE
11330 Vanstory Drive
Huntersville, NC 28078
Phone: (704) 944-3245

Northern Kentucky

NORTHERN KENTUCKY
7310 Turfway Road
Suite 550,
Florence, KY 41042
Phone: (859) 372-6655

Office Hours

Monday8:30 AM - 4:30 PM
Tuesday8:30 AM - 4:30 PM
Wednesday8:30 AM - 4:30 PM
Thursday8:30 AM - 4:30 PM
Friday8:30 AM - 3:00 PM

Map/Location

potter_sidbr_map
potter law logo
  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Privacy Policy | Terms of Service | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2023 American Academy of Estate Planning Attorneys, Inc. THIS IS AN ADVERTISEMENT