What Happens to Your Pet If You Don’t Make It Home?

Episode title: Your Will Won’t Protect Your Pet: Pet Trusts That Work
Host: Amy Castro
Guest: Cecilia Amo

Summary: Amy talks with estate planning attorney and author Cecilia Amo about Pet Trusts, how they differ from wills, funding options, caregiver choices, incapacity planning, and practical first steps for any budget.

Links: Show notes page for this episode, guest website AMO-LAW.com, book bonus page AMO-LAW.com/aftercredits

Affiliate Disclosure: This episode may contain affiliate links. If you purchase through a link, we may earn a small commission at no additional cost to you.
Veterinary Disclaimer: This content is educational and not a substitute for professional veterinary advice. Consult your veterinarian for your pet’s specific needs.

Transcript Note: Lightly edited for clarity and brevity.

Amy Castro (00:00.684)
Have you ever wondered what would happen to your pets if something happened to you? I know it is one of those really uncomfortable questions that we do not want to ask, but in my years of running a rescue, I have seen firsthand what happens when there is no plan. Pets are left behind, confused and grieving, and family members call us all the time saying, we cannot take mom’s cat, or we tried bringing dad’s dog home, but he does not fit in with our pets. I even had a young woman who called whose younger brother passed away and she could not find anybody in the family to take his 130-pound Great Pyrenees. So I know it is not something that we like to think about, but I had a really awesome conversation with somebody today that I want you to hear. We talked all about Pet Trusts. I know when you hear the word trust, you might think it is for wealthy people. In reality, it is peace of mind that ensures your pets are loved and cared for exactly the way you want, no matter what life throws at you. Later in the show, this guest shares a resource to help you get started making these plans right away. You will want to stay tuned for that.

Amy Castro (01:14.658)
You have reached the Pet Parent Hotline, your lifeline to practical solutions for your toughest pet parenting challenges. I am your host, Amy Castro, and I am here to help you cut through the noise and turn expert advice into step-by-step strategies so you can stop chasing your tail and start enjoying life with pets again.

Amy Castro (01:38.638)
Most of you know, in addition to hosting the Pet Parent Hotline, I run Starlight Outreach and Rescue. We get these heartbreaking calls all the time, whether someone passes away suddenly or an older adult moves into assisted living or has to relocate where they cannot take their pets. Suddenly, pets are left with no place to go. Both pet parents and families assume that somebody is going to take the pet when the situation arises, but that is often not the case. Or well-meaning family members take on a loved one’s pet, then realize the cost or time or lifestyle impact is not what they bargained for. Too often, those pets end up in the shelter or rescue system. That is why this conversation is so important. Today I am joined by Cecilia Amo, an estate planning attorney, author, and founder of AMO LAW Legacy Planning, a lifelong pet parent advocate and unapologetic nerd. Her new book, Your After Credits Scene, uses pop culture references from Harry Potter to Star Wars to make planning relatable and help families protect the people and the pets they love. Cecilia is here to break down what a Pet Trust really is, what it protects, and how every pet parent, no matter their income, can create one. We will talk about what to include, how to choose the right caregiver, and simple steps you can take today to make sure your pets are cared for if you cannot be there for them. Because loving your pet means planning for their future too. Cecilia, welcome to the show, and thank you for being here today.

Cecilia Amo
Thank you so much for having me. I am excited to talk to your audience about how legacy is more than money.

Amy Castro (03:27.038)
Yes, and I think that is what people fear. When I hear the word trust, I used to think it was something wealthy people do, although I have learned they are for anyone. Can you tell us what a Pet Trust is and how it is different from me putting my pet in my will?

Cecilia Amo
Absolutely. Many people have the misconception that a trust is only for rich people or that they do not have an estate because the word estate sounds like a mansion. Estate legally means anything you own. Under the law, a pet is property, just like a TV. If you use a will and say something like, give one thousand dollars to my friend Jane to take care of my dog Spot, with a will you are giving Jane two items of property, the money and the pet. There is no requirement that she spend the money on the pet. It is a suggestion when you do it via a will. When you create a Pet Trust, you create a legal obligation for that person to use the money for the care of your pet. That changes the whole dynamic. Jane cannot decide to use Spot’s money to fix her car and promise to put it back. She is not a bad person. Life happens. With a Pet Trust there is a legal obligation that a will does not have. That is why you create the Pet Trust. You create the plan, you set the budget, you put money in, and you say how it is to be used, like annual vet appointments and medications and high quality food. You are in control. Estate planning puts you in control because the government already has a plan upon death or incapacity. The government plan is probate and it cares more about paying creditors than the things you care about. By creating an estate plan, you control what happens when you are not in control.

Amy Castro
Yes. I have been through that personally. Probate is expensive for whoever is left behind and it cuts into whatever money might be left. What are the key pieces here? First, the money. People listening may think, I do not have money to leave for my pets or I do not know what I will have, especially if I am younger. Do I have to fund the trust now, or could it be funded by life insurance later? Where does the money come from?

Cecilia Amo
It can come from a life insurance policy. If you are young, it is a good time to get one because it only gets more expensive. You do not have to fund the trust immediately. You can create the trust and open a savings account in the name of the trust as your pet care fund, then add a little money each month. Think of it like retirement savings. You are looking ahead to make things easier for the caregiver. When you talk to a potential caregiver, ask serious questions. How do you feel about taking on this responsibility? What gives you hesitation? Often it is money. You can say you have life insurance and the trust will set aside a certain amount, or that you have a bank account you are funding for your pet.

Amy Castro
In any trust you name the caregiver who agreed because you had the conversation. You also mentioned accountability. Who makes sure Jane does what she agreed to do, even though it is in a legal document?

Cecilia Amo
Great question. Trusts are legal agreements to treat property a certain way. There is a role called trustee. You are the trustee while you are alive if you set up a revocable living trust. Upon death or incapacity, the person you chose steps in to manage the assets titled in the trust or paid into the trust. The caregiver can be the same person as the trustee or a different person. If they are different, you get natural checks and balances. If they are the same, you can name an enforcer who oversees. You have to gauge what is best. You also want backups. What if Jane moves for work, gets sick, or has a major diagnosis and cannot care for the pet? If you have a separate trustee, that person can help find a replacement caregiver. Backups are important.

Amy Castro (11:39.928)
We need responsible people lined up in those roles. There is a balance between someone loving and great with pets and someone who can manage money responsibly.

Cecilia Amo
It is a lot to put on one person. The most loving pet parent you know might be a mess with finances. That is okay. Make the caretaker the one who will love and care for your pet as you would. Make the money person someone organized who can say no when needed.

Amy Castro (12:32.834)
Some of that depends on how much money there is. What if I am incapacitated in a car accident and my young pet has twelve years ahead, but I only have a thousand dollars. What happens if there is not enough to fully care for the pet because something happened sooner than expected or the plan was thin?

Cecilia Amo
That is why you plan well. Once the trust runs out of money, it has fulfilled its purpose. Have real conversations with the caregiver and a financial advisor, and work with a good attorney who does more than fill in forms. You want someone who cares about the outcome and will help you design a plan that will work when needed. A good attorney will ask about your pet’s age, expected care, and what your budget really covers.

Amy Castro (14:14.19)
Before speaking to an attorney, what information should I bring? You mentioned food and vet visits. What else should people consider as the contents or rules of the trust?

Cecilia Amo
It varies. Think about your routine in an average month and day. How often do you walk the pet? How much and what kind of food? If you were on an extended trip, what detailed instructions would you leave a sitter? Include behavioral notes like fear of thunder. Estate planning is not cookie cutter. Many people say they want something simple. What they mean is they want a simple outcome for loved ones. A simple document does not equal a simple outcome. Start with the outcome you want. Online DIY documents make assumptions. Work with an attorney who engages and practices relationally. There are red flags when a firm treats you like a transaction.

Amy Castro
I was also thinking about end of life for your pet. Do you want all interventions or limits on surgery or chemo at certain points? Should that be spelled out too?

Cecilia Amo (17:33.294)
Absolutely. I recently went through losing my pet. We put thought into how we said goodbye. We did it outdoors because she loved being outside. I would specify that in mine. You can also outline medical intervention preferences. If you do that, your caregiver will not be uncertain or feel guilty about decisions.

Amy Castro (18:44.545)
That is a lot of stress that can be avoided if you spell it out. What does the process look like to find the right attorney?

Cecilia Amo
In my book I list red flags. If you call and say you want a trust with a Pet Trust component and they quote you a fee immediately without learning anything, that is a red flag. That suggests a cookie cutter shop. Attorneys who customize will have a range and a real planning session. My planning session is two hours. It sounds long but goes quickly. I educate clients on how the law works, get to know their goals and values, and design the plan together. Do this part right and everything else goes smoothly.

Amy Castro
You should check the plan periodically to confirm it still matches your wishes and pets, right?

Cecilia Amo
Yes. When setting up a Pet Trust, avoid limiting it to one named pet. Say it covers any pet you have when you pass away. In general, review every three to five years. My firm includes a three year review. If major events happen, update sooner. Look for an attorney with maintenance systems. Transactional firms take the fee and disappear. Relational firms plan to be there when something happens.

Amy Castro
Can people contact you directly or must they find someone in their state?

Cecilia Amo (25:12.078)
Licenses are by state. I can work with people in California. I have a robust national network of attorneys who work heart centered with ongoing maintenance. Use my website AMO-LAW.com and the contact form. If you are not in California, tell me where you are and I will send referrals.

Amy Castro
Costs will vary by location. Any general guidance?

Cecilia Amo
It is usually an add on to a base trust. I start around five hundred to one thousand dollars depending on complexity. I quote flat fees so clients know costs up front. Avoid hourly billing uncertainty.

Amy Castro (25:49.976)
If someone says they cannot afford that now, what can they do in the meantime?

Cecilia Amo
Open a savings account and start funding it for your pet. Use a pay-on-death designation to your trusted caregiver or make them a joint owner if appropriate. Then handle practicalities. Carry an emergency wallet card that says you have pets at home and who to contact. List two or three people who can access your home and who already have instructions.

Amy Castro
Good starting point. Will a trust cover incapacity as well as death?

Cecilia Amo (27:53.09)
Yes. A trust covers both incapacity and death. A pay-on-death bank account does not cover incapacity, so a joint account holder may be needed. Powers of attorney are supposed to help during incapacity, but banks often resist them. Banks are more comfortable with trusts. Keep your plan current.

Amy Castro
If you could give one last piece of advice to pet parents, what would it be?

Cecilia Amo (29:20.588)
Ask yourself what would happen to your pet if you did not make it home tonight. Who gets the call? Who has your key? Who knows the medications or age-related needs? If you hesitate, that is your sign to act. At least have the conversation with your potential caregiver and make things clear.

Amy Castro
Tell us about your book.

Cecilia Amo (30:49.346)
It is called Your After Credits Scene, A Nerd’s Guide to Wills, Trusts, and Legacy. I once set up an estate planning booth at a local comic con with flyers about lessons from Star Wars, Harry Potter, and Game of Thrones. People engaged. Estate planning felt less scary. I wanted a book that explains what estate planning is, why it matters, who should do it, myths that hold people back, how to find a good attorney, and why DIY struggles, all with pop culture and gaming references. It is great for millennials and Gen Xers, with nods to Golden Girls, Lifestyles of the Rich and Famous, Legend of Zelda, and Mass Effect. There are chapters for complex families, parents of minors, and people without children. People without children still need a plan. Without children, planning can be more complicated because there is no default heir.

Amy Castro
Where can we buy it?

Cecilia Amo (32:30.872)
It is available on Amazon. If you go to AMO-LAW.com/aftercredits you can snag bonuses. Order on Amazon, take a screenshot, send it in, and join my list to get bonuses like an asset inventory worksheet. Families often have no idea what you own because of paperless statements. This helps organize everything.

Amy Castro (33:51.31)
That makes the topic accessible and the message lands. It is never too early to start planning.

Cecilia Amo
You cannot know the future, but you can plan for things to go right when things go wrong and be in control.

Amy Castro
Cecilia, thank you so much for being here.

Cecilia Amo
Thank you for having me. We covered a lot, and I hope your audience enjoyed it.

Amy Castro (35:05.312)
If you take only one thing away from today’s episode, let it be this. Do not assume your family will take care of your pets or that they will care for them the way you would. A plan does not have to be complicated or expensive. It can be the difference between your pets being safe and loved or ending up in a shelter. If this episode got you thinking, take action today. Write down who would care for your pets, where their records are, and any special routines or medical needs. Check out Cecilia’s book for more guidance on getting started. Thanks for listening and for being the kind of pet parent who plans ahead so your pets always have a safe, loving home.

Show outro
Thanks for listening to the Pet Parent Hotline. If you enjoyed the show, text a friend with a link and tell them, I have a show you need to hear. Ask them to tell you what they think. Remember, your pet’s best life starts with you living yours. Take good care of yourself this week and your pet.