Q You have written before about setting up a trust for a pet. Does it need to be a formal trust drawn up by an attorney or can I simply let my executor know what I would like done with my dogs? If my pups are still with me when I die, I want them given to my sister. If I want to make sure they are well cared for, should I also tell my executor to give her some funds for their vet needs and other needed care? I would prefer not to pay an attorney to set up a trust just for them.

A Always happy to discuss one of my favorite uses of trusts so thank you for the question. For as long as I have been reading legal documents — which is a very long time — good people like you have included instructions for the care of their furry friends should those pets outlive them. I applaud these caring and responsible pet owners. In 2008, the California Probate Code provided statutes to put some teeth into pet trust laws (pun intended). The code provides how pet trusts can be established, administered, who has standing to enforce a pet trust and when the trust must terminate.

Since you cannot leave money directly to a pet, you can either leave specific instructions for your personal representative to give the pets, along with funds for their care, to a specific person or you can set up a trust.

A pet trust can be included as part of your own living trust or it can be a stand-alone trust document that you create and fund now. If you would prefer not to set up a trust agreement or include provisions in your own trust, a will can also provide for setting up a pet trust. With a will, the pet trust would be set up on your death through a court probate and funded as you direct.

If you want to keep it simple by directing your personal representative to give your pets and funds for their care to a specific caretaker, make these wishes known in writing.

Any writing, whether it be direction to an executor, a trust or instructions to a personal representative should outline how you want your pet cared for including details on specifics like what kind of food they like, where they like to sleep and what veterinarian you would like to tend to your pets’ medical needs.The beauty of setting out your wishes in a trust is that a trust becomes immediately effective and can address what happens to your pet if you were to become incapacitated and also after your death. People will often consider what to do with their pets if they die, but we should also consider how we would like them treated if we were to become incapacitated and are no longer able to care for them. The named caretaker can be the trustee of the pet trust or you can name a separate person to be trustee and another to be the caretaker.

We administer a number of pet trusts and they are all unique because our pets are unique and we view our responsibilities to them differently. I have a pet trust set up for my horses should they outlive me.

To fund the trust on my death, I have a life insurance policy that pays to my trust. I also have placed investments in the trust name that will defer costs for their care if I were to become incapacitated. My trust outlines how and where I want them to live and also provides that each day, at precisely 6:00 pm, they each get two cookies. If cookie time is missed, my very spoiled Shire horse, Wilson, neighs repeatedly while kicking the corral gate.

Keep in mind also that many adoption agencies like Peace of Mind Dog Rescue, Animal Friends Rescue Project, and some breed specific rescue organizations provide a “give back” agreement when you adopt from them. The agreement is that should your pet outlive you, they will take the pet back and find a new home for them.

Discuss your interests with an estate attorney to see what will accomplish your wishes in the best way possible. No doubt your pups have given you much love and joy, it is only fair you do the best you can to care for them should they outlive you.

Liza Horvath has more than 30 years of experience in the estate planning and trust fields and is the president of Monterey Trust Management, a financial and trust management company. This is not intended to be legal or tax advice. Questions? Email liza@montereytrust.com or call (831)646-5262