I do not have children, but my dearest Prosecco, Quinn, Annabella, B.I.G., Winston, and Rhys will have enough money for their full care for the rest of their lives if I pass away before them. Who are they? They are my ponies and pups.
If you have loved ones in your family who are animals, does your estate plan provide for their care? What happens in the event of your demise if you do not have a formal plan in place to care for them?
Whether the rumors about Diane Keaton leaving money for the care of her beloved golden retriever, Reggie, are true or not, the issue of planning for all your loved ones is now in the spotlight as something to consider very seriously.
The rumored amount of money in this case is eye-catching; the sentiment is even more so. Then comes the real question: “Do I need something like that?”
Yes, this story teaches a useful lesson. If your loved ones include animals, your estate plan should include them, too. Planning is not about celebrity headlines; it is about removing uncertainty for the beings who depend on you.
A simple truth about the law and our animals
Pets cannot inherit money. They are not legal persons, so you cannot leave a bequest “to Reggie.” What you can do is create a pet trust that holds money for your animal’s benefit. In that trust, you name a caregiver who provides daily care, a trustee who controls the purse strings, and clear instructions that describe what good care looks like for your pet(s). You can also give the trustee the power to step in if your first choice of caregiver cannot continue.
Think of a pet trust as a bridge between your intentions and your pet’s day-to-day life. It turns “I want Reggie to be safe and happy” into a funded, enforceable plan.
Valerie Powers Smith with her polo ponies: Prosecco, Quinn, Annabella and B.I.G.
A tale of two mornings
Picture two versions of the morning after an owner’s death. In the first version, there is no plan. Relatives are grieving, the house is full of questions, and the dog’s food, routine, and vet records are a mystery. Someone means well and takes the dog home, but bills and decisions quickly turn into a scramble.
In the second version, there is a plan. The caregiver’s name and contact information appear with the other emergency instructions. The trustee unlocks a modest account set aside for food, grooming, and vet visits. The caregiver already knows the diet, the commands, and the quirks. The veterinarian is on standby. Everyone understands that the money is for the dog, not for the human, and that any remaining balance will be passed on to the people or charities the owner named. Grief is still real, but the logistics are not a crisis.
That second story is what thoughtful planning buys.
What the rumor reminds us to do
Even without confirmation, the Keaton and Reggie chatter nudges us toward a few essentials. First, choose people with intention. The caregiver should be someone who will love your animal, with a reliable backup listed. The trustee should be organized, comfortable with budgets, and willing to say no when needed. Separating those roles can reduce conflicts.
Second, describe care with enough detail that a stranger could follow it. Food brands, portion sizes, medications, allergies, exercise routines, favorite toys, grooming schedules, fear triggers, social habits, and any end-of-life guidance should be written down. A short “Letter of Wishes” kept with the trust is often the most valuable page in the file.
Third, fund the trust realistically. Start with an annual budget that includes food, routine care, emergencies, and insurance if you carry it. Multiply by your pet’s expected remaining years. Add a cushion for inflation. Horses, parrots, and tortoises may need more – sometimes much more – because they live longer and require specialized care. Courts can trim obviously extravagant amounts, so keep the number defensible and tie it to real costs.
Fourth, add accountability. Require periodic vet reports, allow the trustee to replace a negligent caregiver, and consider naming a trust protector who can resolve disputes. If you want to make memorial gifts to animal charities, put those in a separate bequest so the pet trust remains clearly focused on care.
Fifth, plan for incapacity as well as death. Your will speaks only after you are gone. A durable power of attorney can authorize spending on pet care during any period when you are alive but unable to manage your affairs. An emergency wallet card or phone note listing the caregiver and the vet can help first responders coordinate quickly.
Finally, decide where the leftover funds go once your pet dies. People, charities, or both are fine choices. Put those names in the document so no one has to guess.
Valerie with her pups, Winston (left) and Rhys (who is the official SBEMP Attorneys mascot).
A short starter list
- Identify each animal clearly, including microchip and vet contact.
- Name a caregiver and a backup, and select a separate trustee if possible.
- Write a practical standard of care, then attach a brief Letter of Wishes.
- Set a budget that fits lifespan and needs, with a modest buffer.
- State the remainder beneficiaries and review the plan after major life changes.
The takeaway
Whether Diane Keaton created a fund for Reggie is unknown. The lesson is not. If you love an animal, include that animal in your estate plan. Put names on the page, put dollars behind the promise, and put your guidance where it can be found. The goal is a smooth handoff to a safe, dignified next chapter for a family member who happens to walk on four legs.
This article provides general information and does not constitute legal advice. For advice about your situation and your state’s law, consult an estate planning attorney who works with pet trusts.
Valerie Powers Smith is a Partner at SBEMP Attorneys and Chair of the firm’s Trust, Estate, and Probate Litigation and Special Needs & Elder Law Departments. For over 28 years, Valerie has focused her practice in the areas of estate planning, trust administration, trust and estate litigation, special needs law, and elder law.
