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 Kansas, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Kansas statutes specifically allow for the creation of pet trusts. Under Kansas law, a pet trust is a legally recognized arrangement providing for the care of one or more animals in the event of the owner's disability or death. The trust will designate a trustee to manage the trust assets and use them for the pet's benefit, as directed by the trust document. The trust can be created during the pet owner's lifetime or as part of a will. The Kansas statute that governs pet trusts is K.S.A. 58a-408, which is part of the Kansas Uniform Trust Code. This statute outlines the requirements for creating a valid pet trust and provides for the trust's enforcement and termination. It ensures that the pet owner's wishes regarding the pet's care are honored and that the designated funds are used appropriately for the pet's benefit.