What Happens to Your Pets When You Pass?
For many of us, pets aren't just animals—they're family. They bring comfort, joy, and companionship. It's only natural to wonder what will happen to them when we're no longer here to care for them.
The thought of your pet ending up in a shelter—or worse—can be heartbreaking. That’s why making a plan for your furry, feathered, or scaled friends is one of the most loving things you can do.
At The Nice Law Firm, we help people across Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg take care of what matters most—including the well-being of their pets after they're gone.
Whether you're a cat person, a dog lover, or someone who shares their home with birds, reptiles, or farm animals, we’re here to help you create a plan that gives you peace of mind. Reach out to an estate planning attorney today to start making arrangements that protect your pets and reflect your wishes.
Why Planning for Your Pets Matters
Pets rely on us for everything—from food and shelter to love and protection. But when someone passes away without leaving clear instructions, pets can get lost in the confusion that follows. Even well-meaning family members may be unsure of what to do or unable to take on the responsibility.
It’s not enough to assume that someone will "step up" to care for your pet. Without formal estate planning, pets may:
Be passed around between family members who can't properly care for them
End up in overcrowded shelters
Be euthanized if no one claims them
Suffer emotionally from being abandoned or rehomed
That’s why making arrangements with a compassionate estate planning attorney at The Nice Law Firm now can help prevent heartbreak and uncertainty later.
Common Mistakes People Make
Many people don’t include pets in their estate plans simply because they don’t think of them as part of their estate. Others may assume verbal promises are enough. Unfortunately, the law doesn’t work that way.
Here are common mistakes to avoid when thinking about your pets’ future:
Failing to include pets in your will or estate plan: Pets are legally considered property, and without clear instructions, they may be treated like household items.
Relying on informal agreements: Saying, “My sister will take care of my dog” isn’t legally binding.
Naming the wrong person: Someone who loves your pet but can’t care for them due to allergies, housing restrictions, or finances isn’t the right choice.
Leaving no financial support: Pet care can be expensive. If you don’t set aside money, your chosen caregiver may not be able to handle the cost.
Assuming one plan fits all pets: A plan for a dog might not work for a parrot, horse, or exotic animal with specific needs.
Making a thoughtful plan with the help of an estate planning attorney shows your love for your pet—and helps your loved ones carry out your wishes without stress or confusion.
Legal Tools You Can Use
There are a few different ways to make sure your pets are cared for after your death. Which one is right for you depends on your goals, your pet’s needs, and your overall estate.
Here are some of the most effective legal options:
Wills: You can include your pet in your will by naming a caregiver and leaving money to that person for pet care. However, wills must go through probate, which can delay your pet’s transition to their new home.
Pet trusts: A pet trust allows you to set aside funds and name a trustee to manage that money specifically for your pet's benefit. This can be much more detailed and secure than a will
Letters of instruction: These are informal documents that outline your pet’s routines, medical needs, and preferences. While not legally binding, they can be helpful for the person who steps in to care for your pet.
Power of attorney (while you’re alive): If you become incapacitated, a durable power of attorney can allow someone to care for your pet and access funds to do so.
Emergency cards and instructions: You can carry a card in your wallet stating that you have pets at home, along with contact information for someone who can help.
We help clients across Indiana use the tools that work best for their lives—and their animals.
What to Include in a Pet Plan
A strong pet plan goes beyond just naming someone to take over. It should be detailed, thoughtful, and tailored to your specific pet's needs.
Here’s what to consider when making a plan for your pet:
Who will care for them: Choose someone you trust and talk with them in advance. Have a backup just in case.
How to fund their care: Set aside money for food, vet bills, grooming, and other expenses.
Details about their lifestyle: Write down feeding schedules, medications, favorite toys, habits, and personality traits.
Health and veterinary info: Include contact details for your vet, vaccination records, and any chronic conditions or medications.
Housing or environment needs: If your pet needs space to run, a warm aquarium, or special bedding, make that clear.
A well-documented plan can help your pet transition smoothly, with as little stress as possible.
Choosing the Right Caregiver
The person who takes over care for your pet should be someone who not only loves animals but can realistically provide the care your pet needs.
Here’s what to think about when choosing a pet caregiver:
Lifestyle compatibility: Does the person work long hours? Travel a lot? Have other pets?
Living situation: Are pets allowed where they live? Is there enough space?
Willingness and capacity: Even an animal lover may not be in a position to take on another pet.
Trustworthiness: You’re trusting this person to carry out your wishes—financially and emotionally.
Relationship with your pet: A familiar face can ease the transition.
Talk to the person ahead of time, explain your wishes, and make sure they’re comfortable with the responsibility. You can also name a backup in case your first choice is unavailable.
Setting Aside Money for Pet Care
Caring for a pet isn’t free. Depending on the type of animal, you may need to budget for food, medical care, boarding, grooming, and more. If you leave your pet to someone without providing financial support, they may not be able to keep the pet—even if they want to.
Here are ways to provide financial support for your pet:
Leave a lump sum in your will to the person taking your pet, along with instructions
Create a pet trust that releases funds over time for your pet’s care
Name a trustee to manage the money and oversee the caregiver’s use of it
Calculate estimated lifetime costs (some pets live 10–20+ years and require significant long-term care)
Providing financial support not only helps the caregiver—it helps your pet live out their life in comfort.
What Happens Without a Plan?
If you pass away without making arrangements for your pets, the court will treat them like property. This means:
They could be passed to your next of kin, even if that person doesn’t want them
They may end up in a shelter if no one steps forward to claim them
They could be euthanized if a suitable home isn’t found quickly
They may experience trauma or neglect during the confusion
This isn’t what any loving pet owner wants. Planning ahead with the help of an estate planning attorney is one of the best ways to protect your animals from an uncertain future.
Speak to a Trusted Estate Planning Lawyer
Your pet has been there for you through the ups and downs of life. Now it’s your turn to be there for them—even after you’re gone. By putting a plan in place, you can make sure your pet is cared for, loved, and protected.
At The Nice Law Firm, we help clients across Indianapolis, Scottsburg, Terre Haute, Kokomo, Martinsville, Lebanon, and Greensburg take the steps needed to protect the pets they love. Whether you're drafting your first will or updating your current plan, we're here to help you take care of the ones who can’t speak for themselves.
Reach out to us today to start creating a pet plan that gives you peace of mind and protects the animals who’ve meant so much to you.
