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 Idaho, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Idaho's pet trust law, found in Idaho Code § 15-7-601 et seq., allows for the establishment of a trust that can provide for the care of an animal alive during the grantor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the grantor's lifetime, upon the death of the last surviving animal. A pet trust in Idaho must designate a trustee who will be responsible for managing and using the trust assets for the benefit of the pets, as specified in the trust agreement. The trust can also name a person to enforce the trust if the trustee does not follow the terms of the trust agreement. This legal mechanism ensures that pets are cared for according to the owner's wishes without giving the pets legal ownership of property.