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 Montana, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Montana's pet trust law is codified under Montana Code Annotated § 72-38-101 et seq. This statute allows for the establishment of a legally enforceable trust specifically for the care of an animal alive during the grantor's lifetime. The trust can be created during the pet owner's lifetime or through a will. The trust remains in effect for the life of the pet or, if it covers more than one pet, for the life of the last surviving animal. The trust should detail how the funds are to be used for the pet's care, and a trustee must be named to manage the trust assets and ensure that the caregiver uses the funds for the pet's benefit as intended by the trustor. If a trust is not established, any provisions in a will attempting to leave assets directly to a pet would not be valid, as pets are legally considered property and cannot own assets.