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 Hawaii, pet owners can create a pet trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Under Hawaii Revised Statutes § 560:7-501, a pet trust is a legally recognized arrangement that allows for the designation of a trustee to manage funds and care for the pets as specified in the trust document. The trust can be created specifically for the pet and must be used solely for the pet's benefit. The trust remains in effect for the life of the pet or, if it covers more than one pet, for the last surviving pet. Hawaii's pet trust law ensures that the pet owner's wishes regarding the pet's care are honored and that the pet is provided for in a manner consistent with the owner's intentions.