Jacksonville Pet Trust Lawyer

Experienced Pet Trust Attorney in Jacksonville, FL

Pets are like family for many individuals. When planning for the future, provisions for pets can be an important part of an overall estate plan. A Jacksonville pet trust lawyer can explain how pet trusts work and how they can create financial security for providing for a pet if something happens to the owner. Understanding how pet trusts differ from wills and other estate planning documents can be helpful if you are consulting with a Jacksonville trust attorney.

Our Commitment to Clients

At the Law Office of Douglas A. Oberdorfer, P.A., our lawyers have been serving Jacksonville estate planning clients since 2003. Douglas Oberdorfer is a Florida Bar member with over two decades of experience and is licensed to practice in North Carolina and Florida. As a former Florida assistant state attorney, Doug understands the law from a unique perspective that he applies to helping clients plan for their family and pets.

Understanding Pet Trusts

The 2024–2025 National Pet Owners Survey estimates that 71% of American homes, or around 94 million families, have at least one pet. More people are incorporating provisions for their pets in their estate plans as pet ownership continues to rise.

Simply put, a pet trust is a trust established to financially provide for pets. This trust may go into effect when the owner dies or becomes incapacitated and unable to care for the pet. Instead of giving money to a caregiver in a will, a pet trust allows a designated trustee to manage funds specifically for the pet’s care.

A pet trust can contain far more specific instructions than what might be included in a will. Care instructions may include details related to food, medical care, medications, grooming, and exercise, as well as general care provisions. A pet trust is considered fulfilled upon the death of the last remaining pet listed in the trust. Pet trusts are permissible in Florida and can be established for many different kinds of pets.

Florida Pet Trust Laws

Florida Statutes allow for the creation of pet trusts. Florida Trust Code Section 736.0408 provides that a trust may be created to cover the care of an animal alive at the time of the creation of the trust. The trust terminates when the last known animal listed in the trust passes away.

Pet trusts may intersect with Florida Probate Code provisions if the pet trust is part of an overall estate plan that includes wills, other trusts, and assets that may go through probate.

Things a Pet Trust Can Include

Pet trusts can cover many instructions related to the care of an animal. At a minimum, a pet trust can identify what pets are covered by the trust. You can also designate a caregiver for your pet and a trustee to oversee the trust’s finances. In addition, you should identify how funds should be spent on the pet.

Pet owners can include very detailed instructions for pet caretakers. Not only can you specify food preferences and veterinary care, but you can also specify medication dosages, grooming requirements, and exercise preferences. If you wish, you can even specify what types of boarding facilities you prefer and instructions for end-of-life care.

It is always a good idea to be as specific as possible when creating a pet trust. Careful planning provides better instruction to caregivers and reduces the chances of misinterpretation of your wishes.

When to Hire a Pet Trust Lawyer

Many people who create pet trusts want their pets to be cared for in the event of death or disability. Your estate planning attorney can assist in setting aside adequate funds for your pet’s needs. A Jacksonville pet trust attorney can also help you choose a caregiver and trustee, synchronize your pet trust with other estate planning documents, and draft pet trust provisions that comply with Florida law.

Pet trusts can also prevent legal disputes after an owner dies. Taking proactive steps can limit disagreements among family members regarding your pet’s future caregiver and the allocation of trust assets.

In the event that a trust dispute requires judicial intervention, the Duval County Courthouse in Jacksonville hears matters related to trusts. The courthouse is located at 501 W. Adams Street, Jacksonville, FL 32202. Though litigation is not common for pet trusts, having an attorney handle your pet trust case can help should any issues arise.

FAQs

Are Pet Trusts Valid in Florida?

Yes, pet trusts are allowed in Florida. Florida Statutes specifically allow you to create a trust for the care of your pets. Florida law allows a settlor to establish a trust for the well-being of animals that were alive while the settlor was living. A pet trust ends when the last surviving pet covered by the trust dies. A court may appoint a person to enforce a pet trust.

What Are the Disadvantages of a Pet Trust in Florida?

There may be a few disadvantages to a pet trust in Florida. Pet trusts must be actively administered and planned for. Selecting a reliable trustee and caregiver is essential, as is estimating the necessary funds for your pet’s well-being. You’ll also need to provide instructions on how to care for your pet. Be careful not to fund a pet trust with more money than is reasonably necessary to care for your pet.

What Is the New Pet Law in Florida?

Florida does not have a set pet law that covers all aspects of pet ownership. Florida does recognize pet trusts for estate planning purposes. Under Florida law, you can create an enforceable pet trust for any animal alive during the settlor’s lifetime. However, no new laws have been enacted recently.

What Assets Cannot Be Placed in a Pet Trust?

There are no specific assets that cannot be used to fund a pet trust in Florida. You can place cash, investment accounts, real estate, or other assets into a pet trust. However, the assets you put into a pet trust should benefit your animal. If you put an excessive amount of money into a pet trust, a court could reduce the funds to what is reasonable to care for your pet.

Reach Out to Jacksonville Pet Trust Lawyer for Your Consultation

Many pets are considered family. Therefore, many individuals want to make sure that their pets are cared for if they pass away before their pets. A pet trust is one option to keep them taken care of. Contact the Law Office of Douglas A. Oberdorfer, P.A., today for more information.