At Hochberger Law, we firmly beleive a pet is family. But because the law treats animals as property, they cannot inherit money or care for themselves if something happens to you. A pet trust is the tool that solves this—and Florida law specifically allows one.
Florida recognizes pet trusts by statute
Under Florida Statutes § 736.0408, you can create a trust for the care of an animal that is alive during your lifetime. You set aside money, name a caregiver and a trustee, and leave instructions for how your pet should be looked after. The trust lasts until the animal’s death (or the death of the last surviving animal it covers).
How it actually works
- A caregiver takes physical custody of your pet and provides day-to-day care
- A trustee manages the money and pays the caregiver for expenses
- Your written instructions guide everything from food and vet care to living arrangements
- When the pet passes away, any money left over goes to the people or charity you named
Why it beats a handshake agreement
Unlike an informal promise from a friend, a pet trust is legally enforceable—someone can go to court to make sure the funds are actually used for your pet. It can also take effect if you become incapacitated, not just when you die. If you want certainty that your animal will be cared for, a properly drafted pet trust is the way to get it.
Hochberger Law is a proud supporter of rescues throughout Broward and Palm Beach Counties.