Paramus, New Jersey Estate Litigation Attorneys and Estate Planning Lawyers
  • Our Professionals
    • About
    • Peggy Sheahan Knee
    • Robert A. Knee
    • Kylie Sheahan Chasse
    • Fonda J. Barr
  • Practice Areas
    • Business Law
    • Elder Law
    • Estate Administration
    • Estate Planning
    • Estate Litigation
    • Fiduciary Litigation
    • Guardianships
    • Real Estate
    • Special Needs Planning
    • Tax Planning
  • Seminars
  • Resources
  • Videos
  • Reviews
  • Blog
  • News
    • Newsletter Archive
  • Contact Us
Select Page

Including Your Pets in Your Estate Planning

by Knee Law | Sep 18, 2019

family with petDesignating Gifts or Guardianship for Pets

Do you have a cherished pet, a dog, cat or other animal who has been a faithful and true companion? You may not realize it, but you can (and should) include your four-legged family members in your estate planning. If you don’t specifically name them and identify a plan for their care, they may unfortunately be euthanized in the event of your untimely death.

If you live in New Jersey, you can take advantage of a 2001 law that allows pet owners to create a trust for the care of domestic animals. Such a trust is typically administered in a manner similar to a trust for the benefit of humans:

  • The trust names an administrator or trustee who must follow the specific instructions of the trust
  • The administrator or trustee may not use the trust funds for any purpose not stated in the trust
  • When the trust terminates, any remaining assets must be distributed as set forth in the trust

If the trust does not identify a termination date, it ends after 21 years or upon the death of all the animals named in the trust, whichever comes first. If the person creating the trust (grantor) has not identified where trust assets go upon the termination of the trust, they will go to the grantor’s estate.

The law permitting the establishment of a pet trust also has provisions to ensure that such a trust cannot be used primarily as a means of diverting assets from legitimate heirs. Under the statute, if the court determines that the amount in trust “substantially” exceeds what is necessary to care for the animal, the court has the discretion and power to reduce the amount in the trust. Those assets are then distributed as if the trust had been terminated.

You can create the pet trust during your lifetime (inter vivos) or through your will (testamentary). An advantage of creating an inter vivos pet trust—you will potentially avoid New Jersey inheritance taxes.

Contact the Knee Law Office, LLC

For a private consultation to discuss your legal concerns, contact us online or call our office at 201-996-1200.

New Jersey SuperLawyers | AV-Rated Under Martindale-Hubbell’s Peer Review System

Filed Under: Estate Law, Estate Planning Tagged With: Estate Planning

Submit a Comment Cancel reply

Your email address will not be published. Required fields are marked *

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

WATCH PEGGY SHEAHAN KNEE BIO VIDEO:

https://www.youtube.com/watch?v=ZcaOVlMtHXE

WATCH ROBERT A. KNEE BIO VIDEO:

https://youtu.be/u8gIRXFVkHU

WATCH FONDA J. BARR BIO VIDEO:

https://youtu.be/QmXoDGqpGzM
© 2025 The Knee Law Firm, LLC
All Rights Reserved.

Sitemap | Disclaimer