Pet Trusts in Delaware & Pennsylvania: Protect Your Pets Through Estate Planning
For many families, pets are more than animals—they're beloved members of the family. Yet one of the most overlooked aspects of estate planning is ensuring that a cherished pet will be cared for if its owner passes away or becomes incapacitated.
Many people assume that simply leaving money to a friend or family member with instructions to care for a pet is enough. Unfortunately, that's not always the case.
Fortunately, both Delaware and Pennsylvania recognize pet trusts, allowing pet owners to set aside funds specifically for the care of their animals after their death.
What Is a Pet Trust?
A pet trust is a legally enforceable trust created to provide for the care of one or more designated animals that are alive during the owner's lifetime.
Unlike a simple gift of money to a friend or family member, a pet trust allows you to:
Designate who will care for your pet.
Set aside money for your pet's food, veterinary care, grooming, boarding, medications, and other expenses.
Specify how your pet should be cared for.
Appoint someone to oversee the funds.
Determine who receives any money remaining after your pet passes away.
Both Delaware and Pennsylvania have statutes that specifically authorize trusts for the care of animals.
Delaware: 12 Del. C. § 3555 authorizes trusts for the care of one or more specific animals living at the trustor's death and provides that the trust terminates upon the death of the last surviving covered animal.
Pennsylvania: 20 Pa.C.S. § 7738 similarly authorizes trusts for the care of animals alive during the settlor's lifetime and provides for court enforcement and the distribution of excess trust property.
Choosing the Right Caretaker
The most important decision in a pet trust is often who will actually care for your pet.
This person—sometimes called the caretaker or caregiver—will provide your pet with a loving home and attend to its daily needs.
When choosing a caretaker, consider:
Does the person genuinely enjoy animals?
Are they familiar with your pet's breed, temperament, or medical needs?
Do they have the time, space, and financial stability to care for your pet?
Are they willing to make a long-term commitment?
Do they live nearby, minimizing disruption for your pet?
Before naming someone, have an honest conversation with them. Caring for a pet for many years is a significant responsibility, and your chosen caretaker should be comfortable accepting that role.
The Caretaker and the Trustee Don't Have to Be the Same Person
One of the greatest advantages of a pet trust is that you can separate the person who cares for your pet from the person who manages the money.
The Caretaker
The caretaker provides the day-to-day care by:
Feeding your pet.
Taking your pet to veterinary appointments.
Providing exercise and companionship.
Maintaining your pet's daily routine.
Making sure your pet enjoys a safe and loving home.
The Trustee
The trustee manages the trust assets and ensures that the money is used according to your instructions.
The trustee may:
Pay veterinary bills.
Reimburse the caretaker for approved expenses.
Purchase food, medications, and supplies.
Authorize larger expenditures when appropriate.
Ensure that the trust funds are not misused.
Separating these roles creates an important system of accountability. The caretaker focuses on your pet's well-being, while the trustee oversees the financial resources dedicated to your pet's care.
For example, if you leave $50,000 for your dog's lifetime care, you may want your trusted sibling to provide the daily care while naming another family member, close friend, or professional fiduciary to serve as trustee. This arrangement can help ensure the funds are used for your pet's benefit and according to your wishes.
Include Detailed Instructions
A pet trust can do much more than simply provide money.
You can include instructions regarding:
Your pet's preferred veterinarian.
Medications and ongoing medical treatment.
Dietary requirements.
Grooming schedules.
Exercise routines.
Favorite toys and sleeping arrangements.
End-of-life care preferences.
Whether your pets should remain together if possible.
The more guidance you provide, the easier it will be for your caretaker to maintain your pet's quality of life.
What Happens If There Is Money Left Over?
Many pet owners worry about leaving either too little—or too much.
Both Delaware and Pennsylvania law provide that trust property may be used only for the trust's intended purpose. If the court determines that the trust contains more property than is reasonably necessary for the animal's care, excess funds may be distributed as directed by the trust or, if the trust is silent, according to applicable law.
For this reason, your pet trust should clearly state who will receive any remaining funds after the death of your last surviving pet. Many people choose children, other family members, close friends, or an animal welfare charity.
Don't Forget a Backup Plan
Just as you name alternate guardians for your children, you should also name:
An alternate caretaker.
An alternate trustee.
Circumstances change. Your first choice may relocate, experience health issues, or simply be unable to serve when the time comes. Naming backups helps ensure your pet will always have someone ready to step in.
Estate Planning Isn't Just About People
Estate planning is about protecting the people—and the pets—you love.
A properly drafted pet trust can provide peace of mind knowing that your companion animal will continue to receive the care, attention, and financial support you intended, even when you are no longer able to provide it yourself.
At Maven Law, LLC, we help individuals and families throughout Delaware and Pennsylvania create comprehensive estate plans that protect every member of the family, including the four-legged ones. Whether you have one beloved dog, several cats, horses, or other companion animals, we can help you create a customized pet trust that reflects your wishes and provides for your pet's future.
If your pets are family, make sure they're included in your estate plan. Contact Maven Law, LLC today to learn how a pet trust can help protect the companions who have given you unconditional love throughout their lives.
