🐾 What Happens to Your Pets If You Die First? Here Are 3 Ways to Make Sure They’re Not Forgotten
Your pets are more than animals—they’re family.
But unlike your kids, your pets don’t automatically have someone lined up to care for them if you pass away. And unless you make a plan, their future could depend on chance, assumptions, or overburdened relatives.
Some pets end up with loving homes.
Others… end up at the pound.
Here’s how to make sure your beloved dog, cat, bird, or other companion doesn’t fall through the cracks—with three main options you can build into your estate plan.
🟡 Option 1: Do Nothing and Hope for the Best
This is the default path.
If you die and leave no instructions, your pet becomes part of your personal property under Texas law. That means:
The executor of your estate can decide what to do
Family members may step up—or not
Pets could end up in a shelter if no one volunteers
While this may work out for some families, it often leads to:
Uncertainty or disputes
Guilt and grief for family members
No clear plan for veterinary costs or future care
Cost: Free
Risk: High
Reliability: Unpredictable
🟢 Option 2: Add a Pet Care Clause in Your Trust
A more thoughtful option is to add a clause inside your Living Trust that:
Authorizes your trustee to find a caregiver for your pet(s)
Provides a reasonable gift—perhaps up to $10,000 per pet (as an example) —to cover future care costs
You can also leave instructions about:
Preferred veterinarians
Daily routines
Medical conditions
Rehoming preferences
Cost: From $0 to a few hundred dollars
Risk: Moderate (caregiver still has to be found)
Reliability: Stronger than doing nothing
🔒 Option 3: Create a Dedicated Pet Sub-Trust
This is the most structured—and most protective—option.
A Pet Sub-Trust:
Names a caregiver
Appoints a trustee to manage the funds
Provides a defined sum of money to be used for your pets’ care
Ends (and passes remaining money to your other beneficiaries) once your last pet dies
The trustee distributes money to the caregiver at their discretion or on a schedule, based on:
Vet bills
Food
Grooming
Medications
Boarding or pet sitting
You can even require the trustee to:
Visit the pets annually
Replace the caregiver if standards aren’t met
Move the pet to a different home if needed
Cost: Most expensive (due to added drafting and trustee complexity)
Risk: Low
Reliability: Highest level of control and protection
🧠 Why People Choose Pet Sub-Trusts
They want certainty
They’ve seen pets abandoned after death
Their pets require complex or expensive care
They have no obvious family member to step in
And sometimes… they just love their pets that much.
📋 Which Option Is Right for You?
| Factor | Option 1: Do Nothing | Option 2: Clause in Trust | Option 3: Pet Sub-Trust |
|---|---|---|---|
| Cost | Free | Minimal (in trust package) | Moderate–High |
| Certainty | Low | Medium | High |
| Involves Money Gift? | No | Yes | Yes |
| Trustee Oversight? | No | Maybe | Yes |
| Protects Pet’s Future? | No | Somewhat | Absolutely |
🧾 Bonus Tip: Talk to the Future Caregiver
Regardless of the route you choose:
Let the person know in advance
Ask if they’re comfortable stepping in
Give them written instructions (or include them in your trust)
And yes—you can always update your trust or Will if your circumstances change or you get a new pet.
🐶 Hypothetical Example
A client of ours had two golden retrievers. She set up a $20,000 pet sub-trust, naming her nephew as caregiver and her sister as trustee. After her passing, the dogs received:
Routine vet visits
Premium food
Loving care in the nephew’s home
Once both dogs passed, the leftover money flowed to her grandchildren.
✅ Final Thoughts
Your pets depend on you—for everything.
Don’t let their fate rest on “hoping someone steps in.”
Whether you just add a clause to your trust or build a full sub-trust, a little planning goes a long way in protecting your four-legged family members.
📆 Book a Pet Planning Session
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⚠️ Disclaimer:
This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For personalized legal guidance, please contact a licensed attorney in your jurisdiction.
