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 Illinois, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Illinois law recognizes pet trusts, which are legally enforceable arrangements that provide for the care of one or more animals in the event of the owner's inability to do so. The trust can be created specifically for the pet and must designate a trustee who will be responsible for managing the trust assets and ensuring that the pet is cared for according to the instructions laid out in the trust document. The trust will remain in effect for the lifetime of the pet or, if it covers more than one pet, for the lifetime of the last surviving animal. The relevant Illinois statute that provides for the creation of pet trusts is the Illinois Trusts and Trustees Act, 760 ILCS 5/15.2.