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 Missouri, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. While pets are legally considered personal property and cannot directly inherit assets, Missouri law allows for the creation of a pet trust. This legal arrangement lets pet owners (grantors) allocate funds or assets into a trust for the benefit of their pets. A designated trustee is responsible for managing and administering the trust according to the terms set out in the trust agreement. The trust ensures that the pet is cared for as specified by the grantor. Missouri's pet trust law is found under Missouri Revised Statutes, Section 456.4-408. This statute outlines the legal framework for the creation, management, and enforcement of pet trusts in the state.