Because the law considers pets personal property and not human beings, pets cannot own property, and a pet owner cannot leave money or assets to a pet in a will or a trust. But a pet owner can provide for the care and well-being of a pet or pets in a traditional trust or in a statutory pet trust (authorized under a state’s statutes).

For example, the pet owner (known as the grantor, settlor, or trustor) will create a trust for a named pet or pets (the beneficiary or beneficiaries of the trust), place money or income-producing assets in the trust and name a trustee to manage and administer the trust for the benefit of the pet or pets, as provided in the trust agreement.

For a brief summary of each state’s pet trust laws and the state statutes where you can find them, copy and paste this URL in your internet browser: https://www.aspca.org/pet-care/pet-planning/pet-trust-laws

In Delaware, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Delaware's pet trust law is codified in Title 12, Chapter 35 of the Delaware Code, specifically under Section 3555, which allows for the creation of a trust for the care of an animal alive during the settlor's lifetime. The trust can be enforced by an individual designated in the trust document or, if no individual is designated, by an individual appointed by the court. The trust remains in effect for the lifetime of the pet or until the trust funds are exhausted. The trustee is responsible for managing and using the trust assets for the benefit of the pet according to the terms of the trust. Delaware law ensures that pets are cared for according to their owner's wishes, even though pets cannot legally own property or be direct beneficiaries of a will or trust.