What Happens to My Pet If I Die? Planning for Your Fur-Family in Nebraska
By Attorney Lydia Mann
Most of us plan carefully for the people we love — who raises our kids, who manages our finances, who gets the house. But there’s one member of the family who often gets left out of the plan entirely: the pet. If you died tomorrow, or ended up in the hospital for months, what would happen to your dog or cat? In Nebraska, the answer isn’t always as simple as “someone will figure it out.” This post walks through your real options — from informal arrangements to a locally available program right here in Lincoln — and explains when a legally enforceable pet trust is the right tool for the job.
Why Do Pets End Up in Shelters After an Owner Dies?
It’s not usually because nobody cared. It’s because nobody had a plan.
My husband and I joke that our dog, Maya, is our “first and favorite child” on the days when the kids are driving us up the wall. And my cat, Venti — if she’s not next to me when I wake up in the morning, I assume she’s trapped somewhere, because that’s the only explanation for her absence. If you feel that way about your animals, you’re not alone.
According to the ASPCA, approximately 6.3 million animals enter U.S. shelters every year. A meaningful portion of those surrenders happen because a beloved owner passed away or became too ill to provide care. Social workers, hospital staff, and well-meaning family members scramble to figure out what to do with a pet during an already impossible time — and the animal ends up in a shelter through no one’s fault. A little planning changes that outcome entirely.
What Are My Options for Making Sure My Pet Is Cared For?
You have more choices than you might think, and they aren’t mutually exclusive.
The informal approach. The simplest starting point is the conversation you haven’t had yet. Tell your family, close friends, or neighbors what you’d want for your pet. Make sure they’re genuinely on board — not just agreeing to be polite in the moment. Your veterinarian may also know of local resources or community networks for exactly this situation.
A local program: Capital Humane Society’s Forever Friends. If you’re in Lincoln, this one is worth knowing about. Capital Humane Society recently launched a program called Forever Friends, designed specifically for pet owners who want assurance that their animals will be cared for after they’re gone. By signing up, you agree through your will to transfer your pet to the Capital Humane Society if you die first. You’ll fill out a detailed profile about your pet — their health history, veterinary records, likes and dislikes — so the shelter has everything it needs to find them the right new home. It’s a meaningful safety net, especially for owners who don’t have an obvious person to step in.
National organizations. Programs like 2nd Chance 4 Pets and Pet Peace of Mind offer broader networks. Pet Peace of Mind works specifically through hospice and palliative care organizations to help terminally ill patients keep their pets cared for — and placed when the time comes. If you or a loved one is facing a serious illness, that program is worth a direct conversation with your care team.
Are Informal Plans and Programs Legally Enforceable?
No — and that matters.
Verbal promises, however sincere, aren’t binding. A will provision that simply says “give my dog to my sister” is better than nothing, but it doesn’t obligate your sister to spend any money on your dog’s care, and it only takes effect after your death — not if you’re hospitalized or incapacitated.
The Forever Friends program requires that you designate the transfer through your will, which still means it’s subject to the timing and process of probate. And like most shelter-based programs, the Capital Humane Society cannot guarantee adoption — they commit to humane care and will work to find a suitable home, but permanent placement isn’t guaranteed.
If you want real, enforceable legal protection for your pet — including during your lifetime if you become incapacitated — a pet trust is the strongest tool available.
What Is a Nebraska Pet Trust and How Does It Work?
Nebraska law expressly authorizes pet trusts under Neb. Rev. Stat. § 30-3834, which allows you to create a legally enforceable trust for the benefit of one or more animals alive during your lifetime.
A pet trust lets you designate:
• A caregiver who provides day-to-day care for your pet
• A trustee who manages the trust funds and ensures they’re used correctly
• A trust protector who oversees both and enforces your wishes — this can be an individual or an organization, including a humane society
You can be as specific as you want: which vet your pet sees, what food they eat, how end-of-life decisions should be made. The trust can activate during your lifetime if you become incapacitated — not just at death — which is the gap that most informal arrangements miss entirely.
For a deeper breakdown of how pet trusts are structured and funded, read this.
What If My Friends and Family Can't Step Up When the Time Comes?
Naming a caretaker in your plan is the right first move — but people's circumstances change. The friend who agreed to take your dog five years ago may have moved, developed allergies, or added a baby and two toddlers to the mix. Life happens, and your backup should be built for that reality.
That's where Capital Humane Society's Forever Friends program becomes a genuinely useful piece of the puzzle. When you enroll and include a planned gift to CHS in your estate documents, they commit to taking in, caring for, and finding new homes for any pets who outlive you. You'll also complete a detailed pet profile — health history, vet records, personality notes — so the shelter has everything it needs from day one. And here's what sets Forever Friends apart from a standard surrender: your pet doesn't go through the general adoption process. CHS maintains a pre-vetted group of existing volunteers who are ready and willing to take animals placed through this program. Your pet goes to someone who already knows and loves animals — not the general adoption queue.
It's not a replacement for naming a caretaker you trust. It's what happens if that person can't come through.
FAQs: Pet Planning in Nebraska
Does Nebraska law actually allow pet trusts?
Yes. Nebraska Revised Statute § 30-3834, adopted in 2003 under the Uniform Trust Code, specifically authorizes trusts for the care of animals alive during the settlor’s lifetime.
Can I just leave my pet to someone in my will?
You can name a caregiver in your will, but a will only takes effect at death, goes through probate, and doesn’t legally obligate the recipient to spend money on your pet’s care. A pet trust is more comprehensive and enforceable.
What if I become incapacitated but don’t die — what happens to my pet then?
This is the question most people don’t think to ask. A will does nothing during incapacity. A pet trust, paired with a durable power of attorney, can cover this scenario and ensure your pet is cared for even if you’re still living but unable to do so yourself.
How much money should I put in a pet trust?
Most clients put somewhere between $5,000 and $10,000 — enough to cover a veterinary emergency and provide real support to a caregiver. The amount should reflect your pet’s life expectancy and medical needs. Nebraska courts have discretion to reduce trust funds they deem excessive, so documenting your reasoning is helpful.
Can I name Capital Humane Society’s Forever Friends program as the caregiver or trust protector in my pet trust?
That’s worth a direct conversation with Capital Humane Society and your estate planning attorney. Organizations can serve in the trust protector role under Nebraska law, and pairing a legal trust with a program like Forever Friends as a backup layer can be a smart approach.
What happens to money left in the trust after my pet dies?
You designate a remainder beneficiary — a person, a charity, an animal welfare organization, or any combination. The money doesn’t disappear; it goes where you direct it.
Do I need a lawyer to set this up?
Yes. Pet trusts must meet specific legal requirements to be enforceable in Nebraska, and the details matter. A well-drafted trust is the difference between a wish and a plan.
Your Fur-Family Deserves a Spot in Your Estate Plan
Estate planning is how you take care of the people — and animals — you love, even when you can’t be there to do it yourself. If you’d like to talk through what pet planning looks like for your situation, we’d love to help.
Zachary W. Anderson Law
Estate Planning | Family Law | Guardianships & Conservatorships
📍 Lincoln, NE
📞 402-259-0059