Taking Care of Your 'Good Boy': Pet trusts ensure animals live a good life after owner dies

As pet ownership has become increasingly common in the U.S., many pet owners consider their animals as part of the family. With nearly 82 million Americans owning pets, a 2023 Pew Research survey revealed that 97% of pet owners view their pets as family members. However, in legal terms, pets are considered property, akin to a car or a household item. Given this status, creating an estate plan that includes provisions for pets is crucial, especially to ensure their care after an owner's death. Pet trusts, now legally recognized in all 50 states and the District of Columbia, are an option more people are exploring.

Historically, pets were not allowed to inherit money or property, even if specified in a will, as seen in the case of tobacco heiress Doris Duke, whose pet trust was unenforceable. This changed in 1990 when the Uniform Probate Code validated pet trusts, leading to notable cases like Leona Helmsley's $12 million trust for her dog Trouble. Though her human heirs successfully reduced the inheritance, the case brought attention to pet trusts. Similarly, Lenore Abels’ $4.7 million trust for her two cats showed that courts would uphold detailed instructions for pet care.

While pet trusts were once seen as eccentric or only for the wealthy, more ordinary pet owners are now considering them. A 2023 survey found that many millennial pet owners designated someone to care for their pets, though informal arrangements can be problematic. Without a formal pet trust, pets may end up in shelters or be euthanized, with family members often unwilling or unable to care for them. A pet trust ensures that funds for the pet’s care are allocated and the animal is properly looked after.

Setting up a pet trust involves numerous details, such as specifying which animals are covered, naming an executor and caregiver, determining the standard of living for the pet, and deciding on a remainder beneficiary if funds are left over. Attorneys play a key role in guiding clients through these decisions, including selecting a trust enforcer to ensure the pet’s care is handled responsibly. Though the process may be emotional, establishing a pet trust is a critical step for pet owners who want to ensure their pets’ well-being after they are gone.

For more information see Julianne Hill "Taking Care of Your 'Good Boy': Pet trusts ensure animals live a good life after owner dies" ABA Journal, September 4, 2024.

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.