A Massachusetts Pet Trust can be established in your will, or it can be a separate trust placed into existence when you are still living (i.e., a standalone trust).  The type of trust you choose depends on your circumstances.

A trust in your will would not become effective until your death, and, even then, not until the will has been probated and allowed by the Probate Court.  A will contest would delay that process.

If there would be an immediate need after your death for the care of your pet, a provision in your will would not be the better way to proceed.  Further, if you became disabled before your death, any pet trust in your will would not yet be in existence, so the Trustee and Caretaker would not be able to take care of your pet’s needs.

A properly drafted stand-alone trust would allow the Caretaker, Trustee and Monitor to step in and perform their roles in taking care of your pet immediately upon your disability or death.  

Your pet trust could be drafted as a revocable trust that you control for your own benefit and the benefit of your pet while you are alive and competent.  Upon your death or disability, the Trustee would take over and your pet would be cared for without the delays involved in the probate process. 

Posted by: Brian E. Barreira, Esq. / 18 Samoset Street, Plymouth, MA 02360 / 508-747-8282