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Pet Trust Attorney Serving Calabasas, CA

Comprehensive Guide to Pet Trusts in Calabasas

Planning for a beloved pet’s future is a meaningful part of estate planning for many California families. A pet trust provides legal structure to ensure ongoing care, funding, and an appointed caregiver after an owner’s death or incapacity. This guide explains how a pet trust functions in Calabasas and across California, the decisions you will need to make, and the documents commonly paired with a trust, such as a pour-over will and powers of attorney. Whether you are new to estate planning or updating existing plans, this overview will help you move forward with practical steps and clear options.

The Law Offices of Robert P. Bergman provides clients with personalized estate planning services that include creating and funding pet trusts and coordinating related documents like advance health care directives and financial powers of attorney. Although our main office is in San Jose, we assist clients throughout California, including Los Angeles County and Calabasas. We focus on practical solutions to protect both your pet and your assets, helping you name caregivers, set funding rules, and include contingencies. This introduction outlines what to expect and how to prepare to create a reliable plan for your pet’s care.

Why a Pet Trust Matters for Your Animal’s Future

A pet trust creates a legally enforceable plan for your animal’s care by naming a caregiver, designating funds, and providing instructions for day-to-day needs and long-term care. Without a trust, pets can be placed in shelters or transferred without guaranteed support. Pet trusts allow you to set aside a specific sum, name backup caregivers, and provide guidance on medical care, diet, and living arrangements. These provisions reduce uncertainty and disputes among family members, and they help ensure continuity of care if you become unable to provide for your pet due to illness or death.

About Our Firm and Our Approach to Pet Trusts

The Law Offices of Robert P. Bergman offers estate planning services focused on practical, client-centered solutions for families in California. Our approach is to listen carefully to pet owners’ goals and to draft clear documents that reflect their wishes for animal care, funding, and contingency planning. We coordinate pet trusts with other estate planning tools like revocable living trusts, pour-over wills, and powers of attorney to create a cohesive plan. Clients receive guidance on selecting caregivers, funding mechanisms, and caretaking instructions so their pets receive stable care over time.

Understanding Pet Trusts and How They Work

A pet trust is a legal arrangement that sets aside assets to care for a pet, names a caretaker, and provides instructions about the pet’s care. In California, pet trusts are governed by statutes that recognize trusts created for the benefit of an animal, making them enforceable and flexible. Creating a pet trust involves choosing a trustee to manage funds, selecting a caregiver, and detailing the pet’s daily and medical care needs. Funding the trust can involve transferring cash, assets, or instructions within a revocable living trust. Proper drafting also includes backup plans if a caregiver cannot serve.

When designing a pet trust, owners must contemplate amount and timing of funding, appointment of a trustee and successor caretakers, and instructions for veterinary care, housing, and end-of-life decisions. The trustee manages the funds and ensures the caregiver is reimbursed and supported, while the caregiver provides direct day-to-day care. Owners should consider longevity plans for senior pets and mechanisms for periodic accounting and oversight. A well-drafted pet trust balances practical and financial considerations to protect the animal’s welfare over the long term.

Defining a Pet Trust and Its Basic Terms

A pet trust is a legally binding document that designates funds for the care of an animal and assigns responsibilities for its care. It typically names a trustee to manage the financial assets, a caregiver to provide daily care, and successor options if the initial parties cannot fulfill their roles. The trust sets out permissible uses of funds, including food, medical care, grooming, boarding, and emergency treatment. It may also specify visitation rights for family members, provide instructions for handling behavioral needs, and set conditions for terminating or modifying the trust over time.

Key Elements and the Process of Establishing a Pet Trust

Establishing a pet trust requires several coordinated steps: selecting and funding the trust, appointing a trustee to manage funds, naming a primary caregiver and successor caretakers, and outlining detailed care instructions. The trustee and caregiver roles are distinct; trustees oversee financial management while caregivers handle day-to-day needs. Funding options include cash, transferring assets, or designating a portion of a trust or will to pour into the pet trust. The drafting process also anticipates contingencies such as relocation, changes in pet health, and potential disputes by including dispute resolution and oversight provisions.

Key Terms and Glossary for Pet Trust Planning

Understanding the terminology used in pet trust planning helps owners make informed choices. This glossary covers common terms like trustee, caregiver, funding, successor caregiver, pour-over will, and trust modification. Each term relates to roles and mechanisms that protect the pet and the funds set aside for its care. Clear definitions help reduce confusion when coordinating related documents such as powers of attorney, advance health care directives, and certification of trust. Knowing these terms enables better communication with family members and legal counsel during plan development.

Trustee

The trustee is the person or entity responsible for managing the financial assets of the pet trust according to the trust’s terms. The trustee disburses funds to the caregiver for designated expenses, maintains records of expenditures, and ensures that funds are used in alignment with the owner’s instructions. Trustees may be a trusted individual, a family member, or a professional fiduciary. The role requires prudent management, transparent accounting, and coordination with the caregiver to address the pet’s needs and make sure resources remain available for ongoing care.

Caregiver

The caregiver is the person who provides daily care for the pet, following the owner’s instructions in the trust document. Responsibilities typically include feeding, exercise, grooming, and arranging veterinary care as needed. The caregiver may be a family member, friend, or other individual willing to assume long-term responsibility. The trust can include instructions for compensation, reimbursement for expenses, and visitation rights for family members. Backup caregivers and contingency plans should be named in case the primary caregiver becomes unable to serve.

Funding

Funding refers to the monetary or asset resources set aside to support the pet’s care under the trust. This can include cash, bank accounts, investments, proceeds from insurance, or transfers from a revocable living trust. The funding level should reflect the pet’s expected lifetime needs, including food, routine and emergency veterinary care, grooming, and possible boarding. The trust should name how funds will be managed and disbursed, whether paid periodically or as needed. Proper funding helps ensure the caregiver can meet the pet’s needs without financial strain.

Successor Caregiver

A successor caregiver is the individual or individuals designated to take responsibility for the pet if the primary caregiver cannot continue providing care. Naming one or more successors ensures continuity and reduces the risk of the animal entering a shelter or facing uncertain arrangements. The trust can specify the order of successors, conditions that trigger a successor’s appointment, and how the trustee should approach locating and assessing successor candidates. Including clear successor provisions helps secure long-term welfare for the pet.

Comparing Options: Pet Trusts Versus Alternatives

When planning for your pet’s future, owners can choose among a pet trust, a will with care instructions, or informal agreements with family and friends. A pet trust provides stronger enforceability and clearer funding mechanisms than informal arrangements or simple requests in a will. A will can nominate a caregiver but may not secure funds or provide ongoing oversight. Informal arrangements lack legal backing and can result in disputes or inadequate care. Evaluating the options involves weighing control, enforceability, funding, and oversight to determine the best approach for your circumstances.

When a Limited Approach to Pet Care Planning May Be Appropriate:

Short-Term or Informal Care Plans

A limited or informal approach may be appropriate if your pet will likely be cared for by a trusted household member or close friend and no long-term funding adjustments are necessary. For example, when family members agree to assume responsibility and the pet’s medical needs are minimal and predictable, a written letter of instruction or a simple will nomination may be sufficient. However, even in these cases it is wise to document arrangements clearly and discuss expectations in advance to reduce the risk of misunderstandings or disputes later on.

Minimal Financial Needs or Short Expected Lifespan

If the pet’s expected needs are modest—such as routine care without anticipated major medical issues—and the owner has limited assets to dedicate, a full trust may not be necessary. In such situations, simple provisions in a will and informal agreements with caregivers can provide reasonable protections. Owners should still consider backup caregivers and basic instructions for care and medical consent, but the administrative complexity and cost of a trust may outweigh the benefits when financial demands are low and caretaking arrangements are solidly agreed upon.

Why a Comprehensive Plan Often Makes Sense for Pet Care:

Complex or Long-Term Care Requirements

Comprehensive planning becomes more important when pets have significant medical needs, require ongoing medication or special diets, or are expected to live many years beyond the owner’s life. In those cases, a pet trust provides a durable funding mechanism, oversight by a trustee, and clear instructions that help maintain consistent care. A comprehensive plan can also anticipate future changes, such as relocation or health shifts, and include mechanisms for review and modification of the trust to adapt to evolving circumstances and ensure the animal’s lasting welfare.

Desire for Enforceability and Financial Protection

When owners want to ensure funds designated for their pet are used only for the animal’s benefit and to reduce family disagreements, a detailed trust can provide enforceability and transparency. A trustee can be required to account for spending and enforce the owner’s care instructions. This level of protection helps avoid misallocation of funds and sets clear expectations for caregivers. Comprehensive planning is especially useful for owners with significant assets or complicated family situations where disputes about care or finances might arise.

Benefits of Taking a Comprehensive Approach to Pet Trusts

A comprehensive pet trust offers several advantages: durable funding, legally enforceable instructions, designated oversight, and continuity of care through named successors. By formalizing arrangements in writing and aligning the trust with other estate planning documents, owners can minimize ambiguity and better ensure their wishes are honored. Comprehensive plans allow for detailed instructions about healthcare, housing, and lifestyle preferences, and they can include dispute resolution mechanisms and periodic accounting requirements to maintain transparency and trust between the trustee and caregiver.

Another key benefit is peace of mind. Knowing that funds are set aside and management responsibilities are delegated to a trustee reduces the burden on caregivers and decreases the likelihood that a pet will be placed into a shelter. Comprehensive planning also makes it easier to adjust provisions over time through trust modification mechanisms, so the plan can respond to changes in the pet’s needs, financial circumstances, or family dynamics. Thoughtful drafting helps protect the animal’s long-term welfare and the owner’s intentions.

Financial Security for Ongoing Care

One major advantage of a comprehensive pet trust is the financial security it provides. By allocating assets specifically for the pet, the trust ensures funds are available for routine care, unexpected emergencies, and long-term needs. The trustee oversees investments and disbursements, helping to maintain the trust’s value over time and prevent premature depletion. Clear budgeting guidelines can be written into the trust to address typical expenses and provide a cushion for unanticipated costs, giving caregivers the resources needed to fulfill the owner’s care plan responsibly.

Clear Instructions and Oversight to Preserve Owner Intent

A comprehensive trust enables owners to document precise instructions for their pet’s lifestyle, medical treatment preferences, and acceptable living arrangements, reducing ambiguity and potential disputes. The trustee’s oversight ensures that funds are used in accordance with those instructions and that caregivers are accountable for expenditures. Provisions can be included that allow for periodic review or reporting to family members, helping to maintain transparency while respecting caregiver privacy. This structure helps keep the owner’s wishes central to the pet’s care over time.

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Choose the Right Caregiver and Successors

Selecting a caregiver and naming one or more successor caregivers is one of the most important decisions in pet trust planning. Choose individuals who understand your pet’s temperament, medical needs, and daily routine, and have a candid conversation about the responsibilities involved. Naming successors ensures continuity if circumstances change. It is also a good idea to have a written acceptance from the primary caregiver and to provide clear instructions for emergency contacts, veterinary consent, and how the caregiver should be reimbursed for expenses to reduce misunderstandings and ensure a smooth transition.

Fund the Trust Appropriately and Realistically

Accurately estimating expected lifetime costs for your pet helps avoid underfunding or overcommitting assets. Consider routine expenses such as food and grooming, periodic veterinary care including vaccinations and dental work, and potential emergency or specialized medical needs. Discuss funding options such as setting aside cash, designating a portion of a revocable living trust, or naming proceeds from a life insurance policy where permitted. A trustee can help manage funds prudently to ensure ongoing availability while providing for reasonable caregiver compensation and contingencies.

Provide Detailed Care Instructions and Review Regularly

Detailed written instructions about your pet’s routines, dietary needs, medical history, and behavioral tendencies help caregivers maintain consistent care. Include veterinarian contact information, medication schedules, preferred facilities for boarding or medical care, and preferences for end-of-life decisions. Regularly review and update the trust and related documents to reflect changes in the pet’s health or family circumstances. Periodic reviews also ensure that funding levels remain adequate and that named caregivers and trustees remain willing and able to serve.

Why Consider a Pet Trust as Part of Your Estate Plan

Pet trusts protect your animal’s future by creating enforceable provisions for care and funding. Owners who cannot rely on informal arrangements, who want to ensure funds are used only for the pet, or who wish to avoid placing a pet in uncertain care should consider a pet trust. A trust allows you to set expectations for medical care, allocate funds for long-term needs, and name caregivers with backups. It also integrates with broader estate plans to ensure a coordinated approach that respects your wishes while providing oversight and accountability.

Another compelling reason is to reduce the emotional and administrative burden on family members during a difficult time. Clear instructions and designated funding help caregivers focus on the pet’s welfare without immediate financial strain. A pet trust also helps prevent disputes among relatives about who should care for the animal and how funds should be spent. With a well-drafted plan, you leave a roadmap for decision-making that aligns with your values and reduces uncertainty for those who will carry out your wishes.

Common Situations Where a Pet Trust Is Helpful

Pet trusts are particularly useful when owners have significant assets, complex family dynamics, pets with medical needs, or when long-term stability of care is a priority. Situations such as unexpected incapacity, relocation out of state, or the death of the owner highlight the importance of formal arrangements. Pet trusts also benefit owners who travel frequently, have single-person households, or want to ensure that multiple pets receive coordinated care. Planning in advance reduces the risk of emergency decisions that may not reflect the owner’s preferences.

Single-Owner Households

For individuals who live alone and rely on their pet for companionship, a pet trust provides vital continuity of care in the event of incapacity or death. Naming a caregiver, funding the trust, and detailing instructions prevents a pet from entering a shelter and ensures a smoother transition to a new home. This planning also alleviates the concern that long-time companions may be separated from their familiar routines. A trust gives the owner control over future care and reassures loved ones that specific arrangements have been made.

Pets with Ongoing Medical Needs

When a pet requires ongoing medication, special diets, or frequent veterinary interventions, a pet trust can secure the financial support and instructions needed to maintain that care. The trust enables budgeting for medication costs, specialist visits, and potential long-term therapies, and it ensures that caregivers have the necessary resources to follow through. Including explicit medical directives and veterinarian contact information in the trust helps caregivers make informed decisions aligned with the owner’s care philosophy and financial plan.

Complex Family or Blended Families

In families with multiple potential caregivers, blended relationships, or differing views about an animal’s care, a pet trust clarifies the owner’s intent and reduces conflict. The trust names the preferred caregiver, defines compensation or reimbursement, and may instruct on visitation or shared responsibilities. Clear language about successor caregivers and dispute resolution reduces the chance of disagreements escalating and ensures the pet’s best interest remains the priority. This clarity also helps family members respect the owner’s decisions during emotionally charged times.

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Pet Trust Services Available in Calabasas, California

We assist Calabasas pet owners with creating and implementing pet trusts tailored to the pet’s needs and the owner’s goals. Services include drafting pet trust documents, coordinating funding through revocable living trusts or pour-over wills, naming trustees and caregivers, and providing detailed care instructions. We also help with related documents such as financial power of attorney, advance health care directives, and guardianship nominations when children are involved. Our aim is to provide practical legal solutions to ensure pets are cared for according to the owner’s wishes.

Why Choose the Law Offices of Robert P. Bergman for Your Pet Trust

The Law Offices of Robert P. Bergman offers comprehensive estate planning services that include pet trusts and coordination with complementary documents like revocable living trusts and pour-over wills. We focus on drafting clear, enforceable provisions that align with your values and the specific needs of your pet. Our attorneys work with clients throughout California to design practical plans that address funding, caregiver selection, and contingencies. We help clients navigate the legal steps with attention to detail and a commitment to protecting both pets and their owners’ wishes.

Our approach includes personalized consultations to identify the right combination of documents and funding strategies for each household. We advise on the appropriate funding level for a pet trust, draft caregiver agreements, and prepare related estate planning documents so your overall plan is cohesive. We also provide guidance on how trustees and caregivers should manage day-to-day expenses, emergencies, and long-term care decisions. The goal is to create a practical, durable plan that minimizes ambiguity and reduces the burden on loved ones.

We understand that pets are family members and that planning for their future requires thoughtful consideration. Our office explains legal options in plain language, helps you weigh the pros and cons of a trust versus other arrangements, and prepares clear documents to implement your wishes. We can assist clients who live in Calabasas and across Los Angeles County as well as those who need coordination with estate plans maintained in other parts of California, ensuring a consistent and effective strategy for your pet’s care.

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How We Prepare and Implement Pet Trusts

Our process begins with an initial consultation to discuss your pet’s needs, family dynamics, and financial considerations. We then draft a pet trust tailored to those inputs, propose funding strategies, and coordinate with other estate planning documents like revocable living trusts and pour-over wills. After review and approval, we assist with funding the trust, transferring assets as needed, and finalizing any caregiver agreements. Follow-up meetings ensure documents remain current and responsive to changes in your pet’s health or family circumstances.

Step One: Information Gathering and Goals

The first step involves gathering information about your pet, current caregivers, financial resources, and priorities for care. We ask about medical history, daily routines, and any special needs, and we review existing estate planning documents to determine how a pet trust can be integrated. The objective is to identify realistic funding levels, suitable trustee and caregiver candidates, and any contingencies that should be addressed. This foundation enables us to draft a trust that reflects your wishes and is practical to implement.

Discussing Your Pet’s Needs and Preferences

During the initial meeting we discuss your pet’s daily routine, medical requirements, dietary needs, and temperament. We also explore preferences for living arrangements, preferred veterinarians, and acceptable boarding or foster options. This detailed input informs the trust’s caregiving instructions and funding needs, helping to create a realistic plan for the pet’s long-term care. Documenting these preferences reduces ambiguity and helps caregivers administer care consistent with your expectations.

Identifying Trustee and Caregiver Candidates

We work with you to identify appropriate trustees to manage funds and caregivers to provide day-to-day care. We discuss responsibilities, compensation, and backup options, and recommend clear written acceptance to confirm willingness to serve. Naming successor trustees and caregivers helps ensure continuity in unforeseen circumstances. Addressing these roles early reduces the likelihood of disputes and ensures a smooth transition if the primary choices are unable to fulfill their duties.

Step Two: Drafting and Coordinating Documents

After gathering necessary information, we draft a pet trust that articulates funding, management, caregiving instructions, and contingency provisions. We coordinate the trust with other estate planning documents such as revocable living trusts, pour-over wills, powers of attorney, and advance health care directives so the plan operates seamlessly. Drafting includes clear language about trustee powers, caregiver reimbursements, successor designations, and termination conditions. We then review the draft with you to ensure it matches your intent before finalization.

Drafting Funding and Management Provisions

This stage includes specifying how the trust will be funded and how the trustee will manage and disburse funds for the pet’s care. Funding options may involve allocating a portion of a revocable living trust, naming cash distributions in a will, or creating a separate bank account. We draft clear disbursement standards and accounting requirements for the trustee to ensure funds are used for the pet’s benefit. These provisions balance caregiver flexibility with fiduciary oversight to protect the trust assets.

Coordinating with Related Estate Planning Documents

We ensure the pet trust fits within the broader estate plan by reviewing and updating related documents such as wills, powers of attorney, and health directives. Pour-over wills can funnel assets into a revocable trust structure that supports the pet trust, while powers of attorney and health care directives ensure continuity of decision-making. Coordinating documents prevents conflicts, clarifies roles across multiple instruments, and provides a cohesive plan so your wishes are executed reliably.

Step Three: Funding, Execution, and Ongoing Review

Once documents are finalized, we assist with funding the trust, executing necessary transfers, and confirming caregiver and trustee acceptance. We advise on asset transfers and account designations as needed to make funds available for the pet. After execution, periodic reviews are recommended to update the trust for changes in the pet’s health, finances, or family circumstances. Ongoing review ensures that funding remains adequate and that named parties continue to be willing and able to serve in their roles.

Finalizing Execution and Transfers

This phase focuses on the formal execution of trust documents and the steps required to transfer or allocate funds. We guide clients through bank or brokerage procedures, update beneficiary designations if needed, and confirm that the trustee and caregiver have accepted their roles. Proper execution ensures that the pet trust is legally enforceable and that resources are available when needed. We provide clear instructions for trustees on recordkeeping and for caregivers on requesting reimbursements and approvals for care expenses.

Periodic Review and Updates

Regular reviews help maintain the trust’s effectiveness as circumstances change. We recommend checking the trust whenever there are major life events—such as relocation, changes in financial status, or shifts in the pet’s health—and updating funding levels, caregiver nominations, or care instructions as necessary. Periodic updates reduce the risk of outdated provisions and help preserve continuity of care. Scheduled reviews provide peace of mind that the plan remains aligned with your intentions and the pet’s evolving needs.

Frequently Asked Questions About Pet Trusts

What is a pet trust and how does it protect my animal?

A pet trust is a legal arrangement that allocates funds and directions for the care of a pet after an owner’s incapacity or death. It names a trustee to manage money set aside for the animal and a caregiver to provide day-to-day care. The trust can include detailed instructions regarding food, medical treatment, housing, grooming, and visitation. By creating a trust, owners create a legally enforceable mechanism to ensure funds are used only for the pet’s benefit and that clear responsibilities are assigned to those who will carry out the care.

Choosing a caregiver involves selecting someone who understands the pet’s needs and is willing to assume long-term responsibility. It is important to have candid conversations with potential caregivers to confirm willingness and capacity. Naming successor caregivers provides a safety net if the primary caregiver can no longer serve. For the trustee role, consider someone who is comfortable managing finances and maintaining records; the trustee need not be the caregiver. Clear written acceptance and instructions reduce the likelihood of misunderstandings and ensure a smoother transition when care is required.

Estimating funding for a pet trust depends on the pet’s expected lifespan, health needs, and lifestyle. Consider routine costs like food, grooming, and vaccinations as well as potential emergency or chronic medical expenses and boarding. It helps to review veterinary records and obtain estimates for likely long-term care needs. The trustee manages disbursements and can be given discretion to allocate funds over time. A realistic funding plan balances providing adequate resources without unnecessarily tying up estate assets.

Yes, many pet trusts can be modified when circumstances change, particularly if they are part of a revocable trust or if the trust document includes mechanisms for amendment. Changes in the pet’s health, relocation, or family circumstances may warrant updating caregiver designations, funding amounts, or care instructions. Periodic review with counsel helps ensure the trust remains effective and aligned with current needs. If the trust is irrevocable, modification may be more limited and could require court approval or agreement of interested parties depending on the terms.

A robust pet trust names one or more successor caregivers to step in if the primary caregiver cannot continue. The trustee is responsible for locating and coordinating with the successor, and for disbursing funds to support the new caregiver. If no successor is named or available, the trustee should follow any instructions in the trust for alternative arrangements, which may include surrendering the animal to a designated rescue or shelter under specified conditions. Clear contingency planning reduces the risk of the pet entering uncertain care.

California law recognizes pet trusts and provides a statutory framework for creating trusts for the care of animals. Statutes allow owners to establish legally enforceable trusts that allocate funds and designate caretakers for animals. Proper drafting ensures the trust meets statutory requirements and is enforceable by named beneficiaries or enforcers. Working with counsel familiar with California trust rules helps ensure the trust’s terms are clear, enforceable, and integrated with other estate planning documents to achieve the owner’s goals.

A pet trust is often coordinated with a revocable living trust and a pour-over will to ensure that funds are available and transferred according to the overall estate plan. Powers of attorney and advance health care directives complement a pet trust by addressing decision-making during incapacity. By aligning beneficiary designations, trust funding mechanisms, and successor nominations across documents, owners create a cohesive plan that reduces conflicts and ambiguity. Coordination also helps ensure the pet trust is funded properly at the owner’s death or incapacity.

Yes, pet trusts commonly include veterinary directives and end-of-life instructions to guide caregivers and veterinarians in making medical decisions. These provisions can specify acceptable treatments, preferences for life-prolonging interventions, and arrangements for euthanasia or burial. Including clear veterinary directives reduces uncertainty and helps caregivers act in accordance with the owner’s values. It is also useful to include the veterinarian’s contact information and medical history to aid in continuity of care and to ensure decisions are made promptly and in the pet’s best interest.

Pet trusts are typically accompanied by related estate planning documents such as revocable living trusts, pour-over wills, financial powers of attorney, and advance health care directives. Guardianship nominations may be included when children are part of the estate plan. Other supporting documents might include caregiver agreements, certification of trust, and HIPAA authorizations to provide access to medical information in human contexts. Coordinating these instruments ensures the pet trust functions as part of a complete estate plan rather than as an isolated document.

To begin setting up a pet trust in Calabasas, start by documenting your pet’s needs, identifying preferred caregivers and trustees, and estimating funding needs. Collect veterinary records, list daily routines and preferences, and think through backup plans. Schedule a consultation with an estate planning attorney to discuss funding options, draft the trust, and coordinate related documents like powers of attorney and pour-over wills. After drafting, finalize execution and fund the trust so it is ready to provide for your pet when needed.

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