Your pet is part of your family. They greet you at the door, keep you company and rely on you for everything.
So, it is only natural to want to provide for them in your estate plan. Maryland law offers meaningful options to help ensure your pet’s future remains secure, even when life takes an unexpected turn.
Understanding pet protections under Maryland law
Under state law, you can establish a trust specifically designed to provide for an animal that is alive during your lifetime. Once created, the trust remains active until the last surviving animal covered by it passes away. A court can also appoint or remove an enforcer to ensure the trustee manages the trust properly, which adds an extra layer of accountability.
The trustee must use funds within the trust only for the animal’s intended care, and any remaining property after the animal passes typically goes to the settlor or their successors.
Comparing pet trusts and will provisions
When it comes to including a pet in your estate plan, you generally have two paths: a pet trust or a will provision. Each serves a different purpose:
- A pet trust takes effect immediately upon incapacity or death, provides enforceable care standards and shields designated funds from a caregiver’s creditors or other financial liabilities
- A will provision is simpler to create but only takes effect after probate, which can delay access to funds for months and offers no legal mechanism to enforce how the money is spent on your animal
For many owners, a trust offers stronger protection. However, a will provision may still work well for those with simpler circumstances or younger animals with fewer medical needs.
Creating a care plan that covers every detail
One of the most important steps in pet estate planning is choosing the right caregiver. This is ideally someone who knows your animal well, understands their temperament and is genuinely willing to take on the responsibility long term. Naming a backup caregiver is equally valuable in case your first choice is unable to step in.
Your care plan can also include specific instructions about your pet’s daily routine. This might cover preferred food brands, exercise habits, veterinary preferences and even end-of-life arrangements like burial or cremation.