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 Massachusetts, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Under Massachusetts law, specifically Massachusetts General Laws, Part II, Title II, Chapter 203, Section 3C, a legally enforceable trust can be established for the care of an animal alive during the settlor's lifetime. The trust can be created during the pet owner's lifetime or through a will. The trust remains in effect until the death of the animal, or if the trust is established for the care of more than one animal, until the death of the last surviving animal. A trustee must be designated to administer the trust, which includes using the trust's assets for the benefit of the pets as specified in the trust agreement. The trustee has the duty to act in the best interest of the pets and can be held accountable for the proper management of the trust. This legal provision ensures that pets are cared for according to the owner's wishes without granting the pets any legal ownership of property.