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 Ohio, pet owners can legally provide for the care and well-being of their pets after their death through the use of a pet trust. Ohio Revised Code Section 5804.08 allows for the creation of a trust to provide for the care of an animal that is alive during the grantor's lifetime. The trust can be created specifically for the pet and must designate a trustee who will be responsible for managing the trust's assets and ensuring that the pet is cared for according to the terms set out in the trust document. 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 statute provides a legal framework for ensuring that the pet's needs are met in the event of the owner's incapacity or death, without giving the pet direct ownership of property or assets.