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 Michigan, pet owners can create a trust specifically for the care of their pets after the owner's death or incapacitation. This is known as a pet trust, and it is legally recognized under Michigan law. The Michigan Estates and Protected Individuals Code (EPIC) includes provisions for the creation of pet trusts. Under these provisions, a pet owner can establish a trust that designates a trustee to manage the funds and ensure they are used for the pet's benefit. The trust can provide detailed instructions on how the pet should be cared for, including the type of food, veterinary care, and other needs. The trust remains in effect for the lifetime of the pet or 21 years, whichever is shorter. The specific statutes governing pet trusts in Michigan can be found under MCL 700.2722. It is advisable for pet owners to consult with an attorney to ensure the trust is properly established and meets all legal requirements.