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What Happens to My Pets If I Die? A Maryland Pet Owner's Guide to Protecting Your Furry Family Members

By: Yollette S. Atkinson, Esq. Aug. 5, 2026

For many Maryland families, pets are much more than animals—they are beloved members of the family. Whether you have a loyal dog, an independent cat, colorful birds, horses, or other cherished companions, one important question often gets overlooked during estate planning:

What will happen to my pets if I die or become unable to care for them?

Unfortunately, many people assume a family member or friend will simply step in. While that sometimes happens, there is no legal guarantee that anyone will be willing or able to take your pet. Without a plan, your beloved companion could end up in a shelter or become the subject of family disagreements during an already difficult time.

The good news is that Maryland law allows you to plan ahead. With thoughtful estate planning, you can make sure your pets continue to receive the love and care they deserve.

Pets Are Considered Property Under Maryland Law

As much as we consider pets family, the law generally treats them as personal property.  That means your pet does not automatically inherit money or have legal rights after your death.

Without clear instructions, your Personal Representative (sometimes called an executor) will decide what happens to your pet while administering your estate.  Family members may disagree about who should care for the animal, and the person who ends up with your pet may not be the person you would have chosen.

Estate planning allows you, not the court, to make those decisions.

Name a Caretaker You Trust

The simplest and most important step is choosing someone you trust to care for your pet.

Before naming someone in your estate plan:

  • Ask whether they are willing to accept the responsibility.

  • Consider whether they have experience caring for animals.

  • Think about their lifestyle and whether it is compatible with your pet.

  • Discuss your expectations regarding veterinary care, exercise, grooming, and daily routines.

It is also wise to name a backup caretaker in case your first choice is unable or unwilling to serve when the time comes.

Don't Assume Family Will Agree

Many people simply tell their children, "You'll take care of the dog or cat."

Unfortunately, verbal promises often lead to misunderstandings.

For example:

  • One child may believe the pet belongs to them.

  • Another family member may have allergies.

  • Someone may live in housing that prohibits pets.

  • Financial concerns may prevent someone from accepting the responsibility.

Including clear written instructions in your estate planning documents can eliminate uncertainty and reduce family conflict.

Consider Creating a Maryland Pet Trust

One of the best ways to protect your pet is by creating a Pet Trust.

Maryland law specifically recognizes pet trusts, allowing you to set aside money that must be used for your pet's care after your death or incapacity.

Pet trusts can provide funds for:

  • Food and treats

  • Veterinary care

  • Prescription medications

  • Grooming

  • Boarding

  • Pet insurance

  • Training

  • Toys and enrichment

  • End-of-life care

Instead of leaving money directly to a caretaker with no restrictions, a pet trust helps ensure the funds are used for your pet's benefit.

How Does a Pet Trust Work?

A pet trust usually involves three important people:

1)     The Caregiver – This person provides daily care for your pet.

 

2)      The Trustee – The trustee manages the money placed into the trust and distributes funds according to your instructions.

The caregiver and trustee may be the same person, but they do not have to be.

3)      Successor Caregivers – You should also name one or more alternate caregivers if your first choice cannot serve.

This layered planning provides peace of mind if circumstances change.

How Much Money Should You Leave?

There is no "one-size-fits-all" answer.

The appropriate amount depends on factors such as:

  • Your pet's age

  • Expected lifespan

  • Breed-specific health concerns

  • Regular veterinary costs

  • Special diets

  • Grooming expenses

  • Boarding needs

  • Medication requirements

For example:

A healthy five-year-old Labrador Retriever may require years of food, annual veterinary visits, vaccinations, grooming, and emergency medical care.

An elderly cat with diabetes may require prescription food, insulin, frequent veterinary visits, and ongoing monitoring.

Include Detailed Care Instructions

Money alone is not enough.  Your estate plan should include practical information that will help your caregiver continue your pet's routine.

Consider including:

  • Feeding schedule

  • Favorite foods

  • Medication instructions

  • Veterinary information

  • Microchip information

  • Daily routines

  • Exercise preferences

  • Behavioral quirks

  • Grooming needs

  • Favorite toys

  • Sleeping habits

  • Emergency contacts

These details help reduce stress for both your pet and the new caregiver.

What Happens If You Become Incapacitated?

Estate planning is not only about death.  If you become seriously ill, injured, or unable to communicate, someone will need authority to care for your pet.

Your financial power of attorney and other planning documents can work together with your overall estate plan to ensure someone has the ability to:

  • Access funds for pet care

  • Arrange veterinary treatment

  • Pay boarding expenses

  • Make temporary care arrangements

Planning for incapacity is just as important as planning for death.

Update Your Estate Plan When Life Changes

Your pet plan should be reviewed whenever:

  • You adopt another pet.

  • A named caregiver moves away.

  • A caregiver dies.

  • Your financial situation changes.

  • Your pet develops expensive medical needs.

  • You move to another state.

Estate planning is not a one-time event.  It should evolve as your family, including your four-legged family, members change.

Common Mistakes Pet Owners Make

Some of the most common mistakes include:

Assuming someone will take the pet.
Never assume family members or friends are willing or able.

Leaving money directly to the pet.
Pets cannot legally own property.

Failing to provide funding.
Even willing caregivers may struggle with unexpected veterinary expenses.

Not naming alternate caregivers.
Your first choice may become unavailable years later.

Forgetting to update the plan.
An outdated estate plan can create confusion and unintended results.

Why Pet Planning Matters

For many people, the thought of leaving a beloved pet behind is heartbreaking.

Fortunately, estate planning offers practical solutions that protect both your loved ones and your animals.

A properly prepared estate plan can:

  • Ensure your pet goes to someone you trust.

  • Provide financial support for lifelong care.

  • Prevent disputes among family members.

  • Reduce uncertainty during probate.

  • Give you peace of mind knowing your companion will be protected.

Give Your Pets the Protection They Deserve

Your pets have provided years of unconditional love and companionship.  They rely on you every day and that dependence does not end if something happens to you.

At Atkinson Law, we help Maryland families create estate plans that protect every member of the family, including beloved pets.  Whether you need a Will, Revocable Living Trust, Powers of Attorney, or want to discuss whether a Pet Trust is right for your situation, we are here to help.

Schedule a Consultation Today to discuss creating an estate plan that protects both your loved ones and your pets by visiting Atkinson Law at www.atkinsonlawyers.com or calling (410) 882-9595.

Protect. Preserve. Rebuild.

This blog is provided for informational purposes only and is not legal advice.  Every family's circumstances are unique.  Consult an experienced Maryland estate planning attorney regarding your specific situation.