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 Indiana, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Indiana Code IC 30-4-2-18 specifically allows for the creation of a trust for the care of an animal that is alive during the settlor's lifetime. The trust can be used to provide for the pet's care and is legally enforceable. The trust terminates upon the death of the animal or, if the trust was established to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. A trustee is appointed to manage the trust assets and ensure that the caretaker uses the funds for the pet's benefit as directed in the trust document. This legal mechanism ensures that pets are cared for according to the owner's wishes without giving the pet direct ownership of property or assets.