Some stories arrive on a lawyer’s desk and never fade from memory. For Matthew Gobbato, an attorney in Arizona, one of them began with a question as unexpected as it was moving: Can the future of a dog be secured beyond its owner’s lifetime?
The protagonist was a client who was very clear about one thing: she did not want to leave this world without guaranteeing the well-being of her most loyal companion. Her daughter lived out of state and she suffered from multiple medical conditions, but at home, there was always someone waiting for her, someone who comforted her on difficult days and offered unconditional love: her dog.
In an interview with La Voz Arizona, Gobbato explained that the woman grew increasingly firm in her desire. She wanted to establish a special trust, carefully planned, to ensure her pet a dignified and high-quality life. This meant leaving the dog in the care of someone she fully trusted and assigning a generous sum of money, enough to cover any future needs the animal might have.
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“It was pretty unique given the amount of money there, how she wanted this animal to be treated," he added. "I had realized that this animal meant so much more than just being an animal.”
However, cases like this client’s are not unique. In fact, based on Gobbato’s personal experience, over the past 10 years, he has seen an increase in requests for help with estate planning for pets.
Pet rescuer Robyn Urman holds Matilda, 8, and Precious, 6, a bonded pair found in a New Jersey home with their deceased owner. More people are setting up legal provisions for the care of their pets in the event of their deaths, says Arizona attorney Matthew Gobbato.
“People really care about their pets, a lot of people, even elderly people," Gobbato said. “They have these pets as companions. Kids may be out of the home, or they don't have children or family's been distant. And this has been their companion for some time, and they want to make sure that this animal's taken care of.”
But what kinds of estate planning options for pets are available? This is the case in Arizona.
Can a pet be a beneficiary of a deceased person’s estate?
In Arizona, the law does not allow pets to be listed as beneficiaries in wills because animals are legally considered property. Instead, there are different estate planning options for pets that can be included in the guardian’s will.
Pet estate planning involves establishing legal provisions for the care of a person’s pets in the event of their death, according to the law firm Mushkatel, Gobbato & Kile (MGK), where Matthew Gobbato is a partner.
Through planning included in a will, a trusted individual is designated to be responsible for the animal, along with the financial resources needed to cover its care. Pet estate plans can include details about the animal’s routine, such as walks, daily feeding and medications.
"Part of my practice is sitting down with clients, talking about the family dynamic, talking about their assets, figuring out what they're looking to accomplish and discussing who are the appropriate parties to kind of play certain roles in their life if they can't handle particular affairs or they're gone and where this money goes,” Gobbato said.
What happens if the pet dies?
Matthew explained that when planning a pet trust, future conditions can also be established for the event of the animal’s death.
“We always go a level deeper and say, when this animal is gone, if there is any money remaining, where does it go?" he said. "The individual that establishes the pet trust gets to decide what happens to any remaining funds — does it go to a charity? Does it go to a family member? Does it go to the caregiver?"
What types of pet estate planning exist?
Within pet estate planning, there are several legal instruments designed to ensure a good future and proper care for pets after their owners die. Each serves a specific purpose and can be incorporated into a will based on individual needs and preferences.
According to MGK, these are the types of pet estate planning available in Arizona:
Pet trusts
A pet trust allows owners to set aside financial resources specifically for the care of their animals, officially naming a trustee to manage the funds and a caregiver responsible for daily needs. It also allows for detailed instructions on feeding, veterinary care and grooming routines.
Will provisions
Will provisions name the person who will care for the pets after the owner’s death, along with a specific sum of money to cover expenses.
Durable Powers of Attorney
A durable power of attorney authorizes someone to act on another’s behalf if that person becomes incapacitated, absent, or dies. Through this document, someone can be empowered to make decisions regarding a pet’s care and well-being.
Letters of instruction
While not legally binding, a letter of instruction can play a key role in a pet care plan. It may accompany legal documents and include important information such as daily routines, dietary preferences, medical history, behavior, and special care needs.
Regardless of which path one chooses to secure a pet’s future, Gobbato emphasizes that “beyond focusing solely on leaving money or a trust to fund a pet’s care, it’s crucial to ensure there is someone in our lives we trust and want to designate as their caregiver,” since the quality of human care ultimately defines an animal’s quality of life.
