In 2022, I wrote about getting ready for my dog Atticus Finch's care during a vacation, with a primary caregiver, two backups, a written schedule, and a card on file at the vet. Those habits are a good start. This article takes the next step: what happens to your pet if you die, and how Florida law lets you leave money for your pet's care in a way someone can actually enforce.

Why a gift "to" your pet does not work

Many people assume they can write, "I leave $10,000 to my dog Bailey," and be done. A will gives property to a "devisee," and Florida's probate code defines a devisee as "a person designated in a will or trust to receive a devise." (section 731.201(11), Florida Statutes.) The general definition of "person" in the Florida Statutes lists individuals, firms, associations, trusts, corporations, and similar groups. Animals are not on the list. (section 1.01(3), Florida Statutes.) Read together, those provisions point away from treating a pet as someone who can receive a gift.

Even if a court found a way to honor the wish, a gift of money has no one standing behind it. No one is responsible for spending the money on your pet, and no one is responsible for checking that it was spent that way.

What Florida's pet trust statute says

Florida solves this with a specific statute. Section 736.0408, Florida Statutes, lets you create a trust "to provide for the care of an animal alive during the settlor's lifetime." (The "settlor" is the person who creates the trust.) A few features are worth knowing.

• It lasts as long as your pet does. The trust ends at the death of the animal or, if it covers more than one animal, at the death of the last surviving animal. (section 736.0408(1), Florida Statutes.)
• It covers animals you have now. The statute speaks of an animal alive during your lifetime. A pet you adopt after you are gone, or puppies born after your death, are outside its wording. If you foster, breed, or expect to adopt again, tell us so we can plan for it.
• Someone can enforce it. The trust can name a person to enforce it, and if it does not, a court can appoint one. A person who has an interest in the animal's welfare can ask the court to appoint an enforcer or to remove one. (section 736.0408(2), Florida Statutes.)
• The money has to go to the pet's care. The property may be used only for the purpose of the trust, with one exception: if a court determines that the trust property exceeds the amount required for that purpose, the extra can come out. (section 736.0408(3), Florida Statutes.)

A pet trust is also a real trust. It still needs a trustee with duties, and it must meet the general requirements for creating a trust under sections 736.0402 and 736.0105, Florida Statutes.

Four jobs, and why they should not all go to one person

The statute does not require a caregiver. It speaks of a trust, a trustee, and an enforcer. In practice, we like to separate four roles, with a backup named for each:

1. The trustee, who holds and manages the money.
2. The caregiver, who has the pet at home.
3. The enforcer, who watches over the arrangement.
4. The remainder beneficiary, who receives whatever is left after your pet dies.

Splitting these roles gives you checks and balances. A caregiver who also controls the money and is the only person watching has no one to answer to. Choosing an enforcer who is not the trustee or the caregiver puts a second set of eyes on the arrangement. The statute does not require this separation, but the enforcer role exists so that someone is paying attention.

Money to the caregiver is a drafting choice. Some clients set a monthly amount, some reimburse on receipts, and some pay the vet directly. In my 2022 post, I mentioned paying caregivers an amount equal to boarding costs, and the same idea can be written into a trust. The trustee is also entitled to reasonable compensation if the trust says nothing about it. (section 736.0708, Florida Statutes.) We can set the terms in the document so there are no surprises.

Chosen family and the "moral wish" problem

Many of our clients rely on chosen family: a close friend who has met the dog every weekend for eight years, or a neighbor who has watched the cat since she was a kitten. It is natural to say to that friend, "If something happens to me, will you take Bailey?" The friend says yes, and everyone feels better.

That promise is a moral commitment. By itself it gives the friend no legal duty that anyone can enforce, gives them no money to pay the vet, and does not say what happens if they change their mind, move away, or die first. A pet trust turns the same wish into something with teeth: a named caregiver and backups, money set aside, a person to enforce it, and a plan for what happens to the leftovers.

Couples who share a pet

This one comes up often. Two partners, unmarried, share a home and a dog. The adoption papers and the microchip list one of them. If the person on the papers dies, the dog is part of that person's estate. If that person has no will, Florida's intestacy statutes decide who inherits, and they list a surviving spouse, then descendants, parents, siblings, and other relatives. An unmarried partner is not on the list. (sections 732.102 and 732.103, Florida Statutes.) The partner who has been the dog's daily caregiver for years could end up with no legal right to keep the dog.

There are several fixes. You can list both partners on the adoption and registration paperwork. You can make a specific gift of the pet in a will or trust. You can name the surviving partner as the caregiver in a pet trust. A married couple has the spousal protections the intestacy statute provides, but the same planning is still worth doing, especially if both spouses die close together or one spouse has no will.

How much to leave

There is no right number. The amount depends on your pet's species and age, the cost of food, grooming, and veterinary care, and the caregiver's expenses. A fund that is too small leaves the caregiver with a choice between the pet and the bills. A fund that is far larger than the pet could ever use invites questions. Under section 736.0408(3), Florida Statutes, a court can find that the trust property exceeds what the intended use requires, and unless your trust says otherwise, the extra goes to your estate (or back to you, if you are alive).

That default is easy to overlook. If you want the leftover money to go to a friend, a family member, or an animal rescue you care about, say so in the trust. A named remainder beneficiary keeps the leftover money from going back through your estate. Please do not guess at a number. We can walk through realistic annual costs and set a figure that makes sense.

Where the trust fits in your plan

If you already have a revocable trust, a pet trust can be a separate share inside it. If your plan is built on a will, the will can leave money to the trustee of a trust that exists in writing, and the property becomes part of that trust. (section 732.513, Florida Statutes.) Either way, you will also want the practical steps from my 2022 post: an up-to-date list of caregivers, a care schedule, and your vet's contact information, so that a caregiver can step in right away.

What to do next

1. Decide who would care for your pet, and who would be the backup.
2. Choose a trustee and a separate enforcer, and a backup for each.
3. Think through a realistic budget for your pet's care.
4. Decide who receives any money that is left over.
5. Check the paperwork. If your pet is registered or adopted under one person's name, find out who is listed, and think about whether the other partner should be added.

We can help you plan

Your pet depends on you for everything, and a short, clear plan can protect them if you are not there. The Law Office of Shawn C. Newman, P.A. helps clients across Broward, Palm Beach, and Miami-Dade counties put pet care into their estate plans. Initial consultations are free and can be held at our office at 710 NE 26th St, Wilton Manors, FL 33305, or by Zoom.

Call us at (954) 563-9160 to schedule a time to talk. You can also learn more at www.shawnnewman.com.

Give us a call. We can help.

Disclaimer: This article is for general educational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with the Law Office of Shawn C. Newman, P.A. Laws change, and every situation is different. Please consult an attorney about your specific circumstances before acting on any information here.

Selected authorities

• Sections 736.0402, 736.0408, 736.0105, 736.0708, Florida Statutes (2026)
• Sections 731.201(11), 732.102, 732.103, 732.513, 1.01(3), Florida Statutes (2026)
• Shawn C. Newman, "Preparation for Pet Care During Vacation or Incapacity" (Aug. 22, 2022)