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 Maine, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Maine's pet trust law, found under Title 18-B, Article 4, Section 408 of the Maine Revised Statutes, allows for the establishment of a legally enforceable trust for the care of an animal alive during the settlor's lifetime. The trust can be created specifically for the pet and can last for the life of the pet or 21 years, whichever is shorter. The trust should name a trustee who will manage the trust assets and use them for the pet's benefit, as directed in the trust agreement. The law also provides for the appointment of a person to enforce the trust if necessary and allows the court to reduce the amount of the trust if it substantially exceeds the amount required for the intended use.