Florida Pet Estate Planning:
How Florida Law Protects (and Fails to Protect) Your Pets
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Pets are family. But under Florida law, they are treated very differently from children or other loved ones. Many Florida pet owners are surprised to learn that without proper estate planning, their pets may have little legal protection if something happens to them.
Florida statutes allow pet owners to protect their animals from uncertainty, disputes, or even shelter surrender.
Here, at The Law Offices of Carolina Nunez, P.A. -- our Orlando estate planning attorney, Carolina Nunez, Esq., understands what our pets mean to us and can help guide you and your family.
Read More About Other Estate Planning:
WHY PET ESTATE PLANNING MATTERS IN FLORIDA
According to national data from the ASPCA, millions of pets enter U.S. animal shelters each year, and one of the most common reasons is the death, illness, or incapacity of an owner. In many cases, these pets had loving owners—but no legally enforceable plan.
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Courts do not decide what is “best” for the pet.
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Informal promises may fall apart.
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Pets may be surrendered, rehomed without oversight, or left without financial support.
Estate planning is not just about money—it is about control, clarity, and protection, especially for vulnerable dependents like pets.
How Florida Classifies Pets
Under Florida law, pets are considered personal property, not legal persons. This classification has major consequences.
Because pets are property:
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They cannot inherit money
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They do not have legal standing in court
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Ownership transfers like other assets
This is why pet protection must be built into an estate plan intentionally. Florida courts will not infer wishes or preferences unless they are clearly expressed in legally valid documents.
HOW A LADY BIRD DEED CAN HELP
A Last Will and Testament is often the first estate planning document people think of—but for pets, a will has significant limitations.
What a Will Can Do Under Florida Law
A Florida will may:
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Identify who receives ownership of the pet
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Express general wishes regarding care
What a Will Cannot Do
A will does not:
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Require the caregiver to spend money on the pet
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Enforce care instructions
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Provide ongoing oversight
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Address temporary incapacity
Once the pet is transferred, the new owner is generally free to make decisions as they choose. This gap is one of the most common problems in pet-related estate planning.
HOW A LADY BIRD DEED CAN HELP
Florida Pet Trusts Are Specifically Authorized by Statute
Florida law recognizes the unique needs of pets and provides a specific legal solution: pet trusts. Florida Statute § 736.0408 expressly authorize trusts created for the care of animals alive during the settlor’s lifetime. Under § 736.0408, Fla. Stat., a pet trust:
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Is legally valid
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May last for the lifetime of the animal
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May be enforced by a person appointed in the trust or by the court
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Requires funds to be used only for the animal’s benefit
This statute is the foundation of pet estate planning in Florida.
How a Florida Pet Trust Works
Florida Statutes expressly authorize trusts created for the care of animals alive during the settlor’s lifetime. Under § 736.0408, Fla. Stat., a pet trust:
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Name a caretaker (who physically cares for the pet)
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Name a trustee (who controls the funds)
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Set aside money for food, veterinary care, grooming, and housing
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Include detailed care instructions
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Name backup caretakers
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Provide enforcement and accountability
Because the trust is legally enforceable, misuse of funds or neglect of care can be addressed. Pet trusts offer protections that wills simply cannot. For many Florida pet owners, a pet trust is the only tool that provides real security.
HOW A LADY BIRD DEED CAN HELP
Common Pet Estate Planning Mistakes in Florida
Florida pet owners frequently make these errors:
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Relying on verbal promises
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Naming a caregiver without providing funds
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Failing to name backups
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Assuming family members will agree
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Believing a will is “enough”
These gaps often lead to disputes, uncertainty, or unintended outcomes.
Frequently Asked Questions About Florida Pet Estate Planning
Can I leave money directly to my pet in Florida?
No. Pets cannot inherit money directly under Florida law.
Are pet trusts enforceable in Florida?
Yes. Florida Statute § 736.0408 expressly authorizes and enforces pet trusts.
Do I need a pet trust if I already have a will?
Often, yes—especially if you want enforceable care instructions and protected funding.
What happens if I do nothing?
Your pet may pass to whoever takes possession, without funding or legal oversight.
WHY AN ATTORNEY THAT SPECIALIZES IN LADY BIRD DEEDS IS MORE RELIABLE THAN ONLINE SERVICES
When working with Florida estate planning Attorney Carolina Nunez, you get a
How Pet Planning Fits Into a Complete Florida Estate Plan
Pet planning should be integrated with:
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A valid Florida will
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Trust planning (when appropriate)
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Incapacity planning
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Asset coordination
When properly structured, estate planning can protect both human and animal dependents.
Lady Bird Deed Prices at
The Law Offices of Carolina Nunez, P.A.
QUESTIONS ABOUT LADY BIRD DEEDS
If I already have a will, do I still need a Lady Bird Deed?
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Yes. Under Fla. Stat. § 733.103, a will must still go through probate. A Lady Bird Deed avoids probate entirely.
Can a married couple use a Lady Bird Deed?
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Yes. If both spouses sign, the home can pass directly to the children. However, Florida’s homestead law protects surviving spouses and minor children, so the deed must be drafted carefully.
What if my beneficiary is under 18 or disabled?
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A simple deed may not be enough. In those cases, a trust may be better to protect the child’s interest.
Is this better than a trust?
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For many families, yes. A Lady Bird Deed is less expensive and simpler than a trust if the home is your main asset.
Can the deed be done online?
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Yes. Florida law permits Remote Online Notarization (RON) and e-recording in most counties. You can complete the process from home.
Call (407) 900-FIRM today or click here to complete our online Lady Bird Deed Intake Form
The Law Offices of Carolina Nunez, P.A.
Serving Orlando, Winter Park, Kissimmee & Central Florida.
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I'm Attorney Carolina Nunez, and at The Law Offices of Carolina Nunez, P.A., I proudly offer personalized and accessible legal representation individuals across Central Florida. Unlike online estate planning programs or AI, we deeply understand the social challenges and cultural needs many Floridians face -- enabling our law office to personally advocate passionately and effectively on your behalf.
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