Pet Trusts: Planning Care for Your Animals

Many people think of their pets as family. Yet a lot of estate plans say nothing about who will care for an animal if the owner dies or becomes unable to care for it. Without a plan, a pet may end up in a shelter, or a relative may take it in without the money or instructions to care for it well. A pet trust is one way to plan ahead. This guide explains, in general terms, what a pet trust is, how it usually works, and what to think about. The rules come from state law and vary from state to state.

Why a pet cannot simply inherit

Under the law, animals are generally treated as property. That means a pet cannot own money or receive an inheritance the way a person can. If you leave money "to my dog," that gift may not work as you intend.

There are a few common ways people deal with this:

• A gift in a will to a person, along with the pet, with a request that the person care for it.
• A pet trust, which sets aside money for the animal's care and names someone to manage it.
• A provision in a broader trust, such as a living trust, that covers pets.

A gift to a person with a request is simple, but the request may not be legally binding. A pet trust usually gives more structure.

What a pet trust is

A trust is a legal arrangement in which one person or institution (the trustee) holds money or property for a purpose or for someone's benefit. A pet trust is a trust created to pay for the care of one or more animals.

Many states have laws that specifically allow trusts for the care of animals. Where they exist, those laws may set rules on how long the trust can last, who can enforce it, and what happens to leftover money. Because these rules differ, ask a lawyer in your state how a pet trust would work there.

The main parts of a pet trust

A typical pet trust includes several key roles and instructions.

The caregiver. This is the person who will have the animal and care for it every day. Choose someone who is willing, able, and lives in a suitable place. Name a backup in case your first choice cannot do it.

The trustee. The trustee manages the money and pays for the animal's care. Some people name the caregiver as trustee too. Others choose a different person so there is a check on how money is spent.

The animals covered. Describe each animal clearly. If you may get new pets later, the document can say whether future animals are included.

Care instructions. You can describe diet, exercise, veterinary care, medications, grooming, and living conditions. Clear instructions help the caregiver and the trustee.

The money. Decide how the trust will be funded. It might receive money from your will, from a living trust, or from other assets. The amount should fit the animal's likely needs and lifespan, without being so large that it invites a dispute.

What happens at the end. Say who receives any money left when the last covered animal dies. This is often called the remainder beneficiary. Many people choose a family member or a charity.

When a pet trust takes effect

A pet trust can be set up to start at your death, often through your will or your living trust. Some plans also cover the time when you are alive but unable to care for the animal, for example because of illness. If that matters to you, ask a lawyer how to make the plan work during incapacity as well, and how it fits with your power of attorney.

Timing is one reason some people prefer to use a living trust rather than a will alone. A will usually takes effect only after a court process, which can take time. Pets need care right away. Whatever structure you choose, make sure someone knows to step in immediately.

Practical steps you can take now

Even before you sign legal documents, you can do a lot to protect your animals:

• Talk to your chosen caregiver and confirm they are willing.
• Write a care sheet with your veterinarian's contact details, feeding routine, medications, and habits.
• Keep records together, such as vaccination and microchip information.
• Tell neighbors or friends who to call in an emergency.
• Carry an emergency card stating that you have pets at home and who should be contacted.

Common questions to raise with a lawyer

An estate planning lawyer can help you decide whether a pet trust, a simpler gift, or another approach fits your situation. Questions worth asking include:

• Does our state have a law that specifically allows pet trusts?
• Who can enforce the trust if the caregiver does not follow it?
• How should we fund it, and how much is reasonable?
• How does it fit with my will, living trust, and power of attorney?
• What happens if no caregiver is available?

You can read more on our estate planning practice page. If cost is a concern, USAGov's legal aid page lists free and low-cost legal help. You can also find your state's government websites through USAGov's state government directory.

Frequently asked questions

Can I leave money directly to my pet?

Generally, no. Animals are treated as property, so they cannot inherit. A pet trust or a gift to a caregiver is the usual way to set aside money for an animal's care.

Does a pet trust only work for cats and dogs?

A pet trust can often cover other animals too, such as birds or horses. Long-lived animals raise special planning questions, so mention them to your lawyer.

Who makes sure the caregiver follows my instructions?

That depends on the trust and state law. Naming a separate trustee, or another person with the right to check on the animal, can add oversight.

What if my caregiver can no longer keep the pet?

Name at least one backup caregiver. Your document can also say what should happen if none is available.

Related: Browse guides on legal topics.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.