Protect Pets in Probate: Maryland Pet Trusts Explained

Why Pet Trusts Matter in Maryland

Without clear instructions, pets can be left in limbo during probate. A Maryland pet trust lets you set aside funds and name a trusted caregiver and trustee so your animal’s daily care, veterinary needs, and lifestyle preferences are honored without delay.

Are Pet Trusts Valid in Maryland?

Yes. Maryland law expressly recognizes trusts for the care of animals alive during your lifetime and provides mechanisms for enforcement and termination at the animal’s death. See Md. Code, Estates & Trusts § 14.5-407.

How a Maryland Pet Trust Works

You (the grantor) create a trust that names the animals covered, a caregiver for day-to-day care, and a trustee to manage and disburse funds. Your instructions can address nutrition, housing, exercise, grooming, socialization, and end-of-life care. The trustee pays the caregiver and approved expenses under your written guidance. When the trust ends, any funds not needed for the animals’ care are distributed as you specify.

Key Legal Features

• Enforceability: If the instrument does not name an enforcer, a person may be appointed to enforce the trust’s terms for the animals’ benefit (§ 14.5-407).
• Duration: The trust lasts for the life of the animal or, for multiple animals, until the last one passes.
• Use of funds: Property must be used for the animals’ care; a court may reduce the trust property to the extent it exceeds the amount required for the intended use (§ 14.5-407).
• Remainder: On termination, remaining property passes as directed in the trust or, if not specified, to the settlor if living or to the settlor’s successors in interest (§ 14.5-407).

Choosing Trustees and Caregivers

Select a trustee with strong financial diligence and a caregiver who understands your pet’s needs. Consider naming backups for both roles, and keep contact information, veterinary records, microchip data, and behavioral notes accessible. Separating caregiver and trustee roles can create helpful checks and balances.

What to Put in Your Pet Care Instructions

• Identification: Names, species/breed, photos, microchip and license numbers.
• Daily routine: Feeding schedule, preferred foods, exercise, and enrichment.
• Medical: Veterinarian contact, medications, chronic conditions, vaccination schedule, and pet insurance details.
• Environment: Indoor/outdoor rules, grooming cadence, boarding or pet-sitting preferences.
• Special directions: Training cues, socialization tolerance, travel needs, and end-of-life preferences.

How Pet Trusts Interact With Probate

A standalone pet trust or a pet subtrust within a revocable living trust can provide continuity of care if you become incapacitated and after your death. Your trustee may begin administering funds for care under the trust’s terms even while the probate estate is being opened or administered, helping avoid gaps in food, boarding, or veterinary costs.

Common Funding Approaches

• Earmark a set dollar amount based on expected lifespan, breed-specific costs, and contingencies.
• Name the pet trust as a beneficiary of a life insurance policy or payable-on-death account.
• Allocate a portion of a revocable living trust’s assets to the pet subtrust.
• Include instructions for periodic review as care costs and your pet’s needs change.

Avoiding Pitfalls

• Be realistic about funding; Maryland courts can reduce amounts that exceed what’s needed for the trust’s intended use.
• Keep beneficiary designations and microchip registrations updated with trustee/caregiver information.
• Separate who decides care (caregiver) from who controls money (trustee), and include dispute-resolution instructions.
• Authorize the trustee to obtain veterinary records and make emergency care decisions.

Quick Checklist

• Identify pets by description and microchip number.
• Choose caregiver, trustee, and backups.
• Write detailed care instructions and budget.
• Fund the trust and align beneficiary designations.
• Share copies with caregiver, trustee, and veterinarian.
• Calendar annual reviews.

Steps to Create a Maryland Pet Trust

• Consult a Maryland estate planning attorney to align the pet trust with your broader plan.
• Identify animals (alive during your lifetime) by description and microchip number.
• Appoint a primary and successor caregiver and trustee.
• Draft detailed care instructions and budget guidelines.
• Fund the trust and coordinate beneficiary designations.
• Store originals securely and share copies with the trustee, caregiver, and veterinarian.

FAQs

Can I cover multiple pets in one Maryland pet trust?

Yes. You can cover multiple animals alive during your lifetime. The trust ends when the last surviving animal covered by the trust dies.

What happens if I overfund the trust?

A Maryland court may reduce the amount to what is reasonably required for the intended use. Any excess can be redirected as your trust specifies.

Do I need the caregiver and trustee to be the same person?

No. Many people separate the roles for checks and balances. You can also name successors for each role.

How are remaining funds distributed when the trust ends?

They pass as you direct in the trust instrument. If you do not specify, Maryland law provides default distribution rules.

Can the trustee start paying for care before probate is complete?

Yes, if the trust is already funded and authorizes payments, the trustee can begin administering funds even while probate is pending.

How Our Firm Can Help

We can draft a Maryland-compliant pet trust, coordinate funding and beneficiary designations, integrate the trust with your will or revocable living trust, and provide practical care instruction templates tailored to your animals.

Contact our Maryland estate planning team to get started.

Legal reference: Md. Code, Estates & Trusts § 14.5-407 (Trust for care of animal).