We get it—your pets are part of the family. However, pets can’t legally own property in Tennessee, which means you can’t actually leave money, dog food, cat treats, or any other pet items to your fur kids. So how do you include pets in your estate planning? The important thing is to consider who will take care of your animals and to include provisions for them to do so.

• In Tennessee, pets are legally considered property. This means that you cannot leave items to your pets directly in your will.
• Your estate plan can include stipulations for the care of your pets. In some cases, setting up a trust may be appropriate.
• The best way to safeguard the future care of your pet is to work with an estate planning attorney.

Can You Include Pets in Your Will?

Every once in a while you’ll see a bizarre story online about someone leaving money to their pet in a will. Sometimes it’s to spite an estranged family member, or sometimes it’s simply because the person truly had a close, meaningful relationship with their pet.

The problem is that you can’t legally include pets in your will. You can try, but the document will end up in probate court and ultimately be invalidated by a judge. When this happens, it’ll be at the mercy of the court system and Tennessee intestate laws to determine what happens to your personal property and financial assets. If it’s your intention to care for the well-being of your pet, this is not the way to do it. Instead, you need to make provisions in your estate plan. 

How To Include Pets in Your Estate Plan

While any dog or cat-lover may dislike this sentence, it’s true: Tennessee legally considers pets to be property. That means that, just like any other property, you are allowed to designate a new legal owner upon your death. For example, you might leave your car to your brother or bequeath jewelry to your daughter. In the same way, you can stipulate who should become the new owner of your pet.

An estate planning attorney can help you not only name a caretaker in your will but also outline any specific wishes for your pet. For example, you could list the pet items in your household that should also go to the caretaker or even leave instructions for veterinary care or the pet’s dietary preferences. These instructions aren’t legally binding, necessarily, but including them in your estate plan gives a formal organization to your documents and ensures the caretaker will receive everything that you intend.

You may consider the additional step of creating a pet trust. This is a legal structure that gives you more control over the care of your pet and allows you to allocate a certain amount of financial support. Another benefit of a pet trust is that it can take effect in your lifetime—for example, if you’re hospitalized or require long-term care. 

Understanding Pet Trusts

Like a living trust for humans, a pet trust is a financial arrangement that allows another person (the trustee) to legally make decisions on behalf of your dog, cat, or other animal. For example, you could set aside a certain amount of money into the trust and specify preferred food, vet clinics, or even desired living arrangements, such as the animal being allowed indoors. The trustee oversees the money you’ve designated to make sure it’s used for its intended purpose.

In Tennessee, pet trusts must meet a few requirements:

• The trust must end upon the death of the animal. (For example, you can’t make a trust for your dog and any future puppies she may have.)
• If there are excess funds in the trust beyond what’s reasonable for the animal’s care, they are distributed to your heirs according to state law. (For example, you can’t put $5 million in a pet trust for your Miniature Schnauzer. The court will view this as unreasonable and possibly as an attempt to circumvent other financial obligations in your estate.)

Pet trusts may be a good idea if your animal is valuable—like a horse or purebred dog—or if they have highly specialized care requirements. You may also consider this option if you’re in poor health, as it allows for a trustee to make decisions on your behalf should you become incapacitated, making sure your pet gets the care they need.

Other Arrangements

Of course, there are other options for including your pet in your estate plan, or you may decide to make an informal arrangement that skips the legal process altogether.

Legacy Care

If you don’t have a friend or family member able to look after your pet, consider choosing a legacy care program such as an animal shelter or rescue program to designate as your pet’s caretaker. Most of these organizations will enroll your dog or cat into a foster care program until they’re able to find a new adoptive family. Going this route will give the executor of your estate direction about where to send your pet, ensuring that there’s no gap in their care.

Informal (Non-Legal) Arrangements

Then again, you could just make an informal arrangement with a friend or family member. Simply ask your preferred caregiver if they’ll look after your pet once you’ve passed away. While this is by far the easiest method, it’s important to note that informal arrangements have no legal standing. Were someone else to challenge your will or move to claim ownership of your pet, the court may not honor your wishes if nothing is laid out in an estate plan.

What If You Do Nothing?

The short answer is that if you take no estate planning action, your pet’s care will be left to Tennessee intestacy laws. Your pet will be distributed to your legal heir just like your furniture, clothes, or real estate. 

Perhaps more importantly, without a plan in place, your pet could face anxiety or neglect in the event of some kind of dispute. If you have multiple children who qualify as legal heirs and they can’t agree on who should take the pet—or none of them want the responsibility—your pet’s fate will fall to the probate court. In most cases, this will mean your pet is sent to the county’s animal shelter. The best way to care for your pet’s well-being and spare others the burden of having to make arrangements is for you to plan ahead.

Estate Planning for Pets in Tennessee

Johnson, Murrell & Associates can help you navigate the complexities of Tennessee law to make an airtight estate plan that manages the distributions of assets, guards against future disputes, and provides for your loved ones—including your pets. Contact us today for complete estate planning services so you can understand all options available to you and make an informed decision. 

At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.