Should I Set Up a Pet Trust for My Dog or Cat?
If something happened to you tomorrow, what would happen to your pet? In Nebraska, as in every state, pets are considered property under the law—which means they don’t automatically have legal rights or protections if you become incapacitated or die. Without a well-structured estate plan for your pets in place, your dog, cat, or other beloved companion animal could end up in a shelter or worse. A Nebraska pet trust is a legally binding way to make sure your animals are cared for the way you want, with money set aside for their needs and someone trustworthy designated to take over. In this post, we’ll walk through how pet trusts work in Nebraska, why they might make sense for you, and what goes into setting one up, offering you genuine peace of mind.
What Is a Pet Trust in Nebraska?
A pet trust is a legal document that allows you to leave money and instructions for the care of your pet if you’re no longer able to do so. Nebraska law recognizes these trusts under Neb. Rev. Stat. § 30-3834 (UTC 408), which specifically allows you to create a trust for the benefit of one or more animals alive during your lifetime. The trust remains in effect until the last surviving animal dies.
Unlike an informal arrangement or a quick sentence in your will, a Nebraska pet trust is enforceable in court. It holds funds in a separate legal structure, assigns a trustee to manage these funds, a caregiver to provide daily care for the animal, and—if needed—a trust protector to oversee everything. This structured approach gives your pet real protection, and gives you real peace of mind.
Who Should Consider a Pet Trust?
If your pet is more than “just a pet”—they’re family—then a pet trust may be worth considering. That’s especially true if:
You live alone or don’t have an obvious person to care for your pet
Your pet requires special or ongoing care (medication, behavioral needs, regular vet visits)
You want legal assurance—not just a verbal promise—that your wishes will be followed
You’re leaving a significant amount of money for pet care and want oversight
Even if you have loving friends or relatives, things can go wrong without a clear plan in writing. A pet trust spells out your expectations and ensures your pet doesn’t get overlooked or placed into a shelter.
Key Parts of a Nebraska Pet Trust
1. Caregiver and Trustee Roles
You’ll name a caregiver (who looks after your pet day-to-day) and a trustee (who manages the money and makes sure it’s used correctly). In Nebraska, the same person can serve both roles, but separating them can add accountability.
2. Identifying Your Pets
Your trust should clearly list the pets it covers. This can include their name, breed, microchip number, or other identifying information. Nebraska law requires the pets be alive during your lifetime for the trust to be valid. If you want to include future pets, your attorney can build in flexible language.
3. Funding the Trust
The amount you set aside depends on your pet’s needs. Courts in Nebraska can reduce the amount if it’s deemed excessive under UTC 408(c), so be sure to document why you’re setting aside a certain amount—especially if your pet has ongoing medical needs or a long life expectancy.
4. Care Instructions
You can specify everything from what food your pet eats to which vet they see. You can also provide directions for grooming, medications, social needs, exercise, and even what happens at end-of-life. Some of this can go directly in the trust; other parts can be included in a separate letter of wishes.
5. What Happens to Leftover Funds
After your pet passes away, you’ll name a remainder beneficiary—often an animal welfare charity, a friend, or a family member. You get to choose where any leftover funds go.
What Happens If I Don’t Set One Up?
Without a pet trust or clear written plan, your pet becomes part of your general estate. That means whoever handles your estate (whether it’s a personal representative or the court) gets to decide what happens to your pet—and that decision may not reflect your wishes. Your pet could even be subject to the potentially lengthy and public probate process in Nebraska. Even if you trust someone to “take the dog,” without designated funds and legal authority, things can fall through the cracks, leaving your beloved animal without the dedicated care you intended.
FAQs: Pet Trusts
Can I create a pet trust for multiple animals?
Yes. You can use a single “pot” trust to cover all pets or create individual trusts for each one.
How much money should I leave in a pet trust?
It depends on your pet’s life expectancy, medical needs, and your desired standard of care. Courts can reduce the amount if it seems excessive, so it helps to document your reasoning.
Can the same person be both trustee and caregiver?
They can—but it’s usually better to separate these roles to reduce conflicts of interest.
What happens if I don’t have any pets when I die?
That’s okay. We can build in language that accounts for that and avoids confusion.
Do I need a lawyer to create a pet trust?
Yes, it’s strongly recommended. These trusts must meet specific legal requirements under Nebraska law to be enforceable.
What are the typical costs associated with setting up a pet trust in Nebraska?
The cost varies depending on your goals and the complexity of your estate. During a consultation, we can talk through your needs and determine the right approach for your situation.
Want Help Setting Up a Pet Trust in Nebraska?
If you’re ready to put a plan in place—or even just thinking about what makes the most sense—I can help. As an estate planning attorney here in Nebraska (and a devoted dog dad myself), I know how important it is to make sure our animals are protected.
Let’s create a plan that reflects your values, protects your pets, and gives you peace of mind.
Reach out today to schedule a consultation, and let’s make sure your furry loved ones are cared for no matter what.