What Is a Georgia Pet Trust?

If you are a pet parent then you know just how important they are to your family - they are family. You want to make sure that no matter what, your pets will be cared for and loved. But how do you make sure that happens if you are no longer able to care for your fur-ever family? The best thing is to set up a pet trust, which allows you to leave money behind for the care of your pet even when you’re gone.

What Is a Georgia Pet Trust?

Since 2010, the law has allowed for a Georgia pet trust to be created so a pet owner can provide funds and instructions to care for their pet after they are gone. A pet trust must be created to care for your pets while you are living, and the trust terminates upon the death of the pet, or on the death of the last surviving pet covered by the pet trust.

How to Create a Pet Trust in Georgia

Take a look at these steps to see just what it takes to make sure your furry friends are well cared for no matter what might happen to you.

1. Choose a trustee

A trustee is the first thing you need and will be responsible for managing funds that are left to the trust. Make sure that you talk with them about being designated before you put them into your forms as this can be a big responsibility. You also want to discuss your wishes and make sure they are willing to follow them.

2. Designate a backup trustee

You don’t necessarily want to change your documents if something happens to your first choice trustee or they may decline when the moment comes so you want to have a second person prepared to take on the role.

3. Choose a caregiver

Your caregiver is the one that will physically care for your pet or pets if something happens to you. It could be your trustee but doesn’t have to be. Be sure your caregiver understands how you would like your pets cared for and is willing to follow those instructions. You’ll also want a secondary caregiver designated.

a. What’s the difference between a trustee and a caregiver?

The trustee is responsible for the financial aspect of your trust while the caregiver is responsible for the actual care of your pets. These individuals are designated separately but can be the same person. It’s up to you to lay out these four people on your legal forms.

4. Provide care instructions

How do you want your pets to be cared for by your designated caregiver? Lay out all of the instructions and make sure your caregiver knows them. Go over the instructions with your chosen caregiver and backup to be sure they’re clear.

5. Designate funds

Next, decide what funds you are going to leave for your pet’s care and designate that money. Keep in mind what is realistically needed for their proper care and also any other bequests you want to make.

a. What happens to the funds after your pet dies?

You get to decide the answer to this question. You get to decide on a beneficiary for any remaining funds after your last pet has passed.

6. Lay out final care instructions for your pets

Finally, decide what you want to be done for your pet when they pass, including burial or cremation instructions.

The process to create a pet trust doesn’t have to be difficult, but it is something you’ll want to talk over with an attorney to ensure it’s done properly. 

Gwinnett County Estate Planning Attorney

If you need help ensuring your fur-ever friends are cared for after you are gone, contact your trusted legal partner, Jammie Taire and the team at SmithTaire Legal.

Schedule an appointment with us today at 678-253-8133 to discuss your situation. 

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