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 New Hampshire, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Under New Hampshire law, specifically RSA 564-B:4-408, pet trusts are a legally recognized arrangement. The trust can be established for the care of one or more animals alive during the grantor's lifetime. The trust remains in effect for the life of the animal or, if more than one animal is covered, for the life of the last surviving animal. A designated trustee will manage and use the trust assets for the benefit of the pets according to the terms set out in the trust document. The trust can specify details such as the type of care the pets will receive, the person or persons who will act as caregivers, and how the trustee is to use the funds in the trust to benefit the pets.