San Marcos Pet Trusts Attorney

Estate planning is an important step to ensure that your loved ones are taken care of after your incapacitation or passing. One family member that cannot advocate for themselves, yet deserves recognition, is your pet. If you are concerned about what will happen to your pet after your passing, a San Marcos pet trusts lawyer can help secure their future.

Our Background

At the law office of Paul V. L. Campo Attorney at Law, we’ve spent decades helping the people of San Marcos and San Diego County with their estate planning needs. Our founder and managing attorney, Paul V. L. Campo, was born in Vista and has spent his life working in the Southern California community. In addition to his legal work, Paul has served as a Councilman and Mayor Pro Tem for the City of Vista.

What Is a Pet Trust?

A Pet trust is a legal arrangement used to specify what will happen to a pet in the event of the owner’s incapacitation or death, as defined in California Probate Code §15212. Pet trusts function similarly to other trusts, with your pets as the beneficiaries and their caregivers specified. Estate planning can be beneficial not only for clarifying who will be responsible for your pet but also to set aside funds and special instructions for their care.

Pet trusts differ from other trust formats in a few ways. The first difference is that a pet trust requires a remainder beneficiary. This person is to handle any money left over after your pet's death. Another difference is that pet trusts are exempt from the Rule of Perpetuity. While other trusts have strict rules around their timelines, pet trusts tend to have a set duration of all named pets’ lifetimes.

Common Causes for a Pet Trust

Planning for the future can be a smart decision for many pet owners. The following are a few common situations where looking into a pet trust may be wise:

• Long-living pets. Some species of pets have longer lifespans, with certain types of birds and reptiles, such as parrots and tortoises, having been known to live for decades. A written plan can be beneficial if the creature is likely to live a long life.
• Pets require special care. Some pets have health concerns or disabilities that make their daily care complex. A pet trust can ensure your pet receives the necessary attention to maintain the quality of life they deserve.
• Unclear ownership succession. Upon death or incapacitation, who inherits your pet may be unclear. Writing it into a trust clarifies any concerns around who will take care of your pet.
• Peace of mind. Having a plan for what happens to your pet can ease any worries. It has become a common practice to include pets in estate planning. The Wall Street Journal reported that 40% of pet owners either included their pets in their will or planned to do so.

Hire a Pet Trusts Lawyer

Establishing a trust can be difficult and complex. When planning for the future, having someone well-versed in California pet trusts law can be beneficial. Hire a pet trusts lawyer who can help you avoid any easy mistakes and ensure your pet can have a comfortable future.

Your San Marcos pet trust attorney can provide guidance on what provisions should be included in your trust. They may help write out guidelines in clear language that are unchallenged when you are unable to advocate for your wishes. In addition, they can help decide on caregivers and trustees from an unbiased, educated standpoint. Your pet trust lawyer can assist in any changes that may be required after the initial paperwork.

FAQs

Q: How Much Does a Pet Trust Lawyer Cost in California?

A: The cost of pet trusts and any estate planning can be a pressing concern for many Californians. Pet trusts, as with any estate legal services, have no set cost. The complexity of the case, the number of pets, and the work hours required can all contribute to the final bill. Speak with your pet trust lawyer to get an estimate of how much your specific case may cost.

Q: What Are the Benefits of a Pet Trust Versus a Will in California?

A: There are several benefits for pet owners in creating a pet trust in California rather than including instructions in a will. The first is that a pet trust guarantees that any funds set aside are used for the pet's care. In the case of a will, beneficiaries who receive funds may have no legal obligation to use them on your pets. Another benefit of a pet trust is that it can take effect upon incapacitation, rather than only in death.

Q: Can You Include a Pet Trust Inside Another Trust in California?

A: If you are already estate planning, you may be confused about whether a pet trust has to remain separate from other trusts. Pet trusts can have their own stipulations while being included in a larger trust. Having a pet trust as a sub-division of broader estate plans is the most common method for Californians. If you are concerned about including a pet trust in other estates, you can discuss your options with an estate attorney.

Q: Can You Include Multiple Pets in the Same Trust in California?

A: When considering creating a pet trust, you may have all pets in the same trust. California Probate Code §15212 allows for multiple pets to be included in a trust. It may add complications to your pet trust, but you can plan separate instructions and caregivers for each pet. Consult your pet trusts attorney to finalize your intentions for each pet.

Meet With a Pet Trust Lawyer Today

At Paul V. L. Campo Attorney at Law, we know that estate planning can be stressful. Our knowledge and experience make us ready to walk you through the steps needed to plan for the future. Contact us today for an initial consultation so we can explore your options. You may also visit our Vista office, located on South Melrose Drive right off exit 6A on Ronald Parkson Parkway.