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 Tennessee, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Tennessee's pet trust law is codified under Tennessee Code Annotated § 35-15-408, which allows for the creation of a trust for the care of an animal alive during the grantor's lifetime. The trust can be used to provide for the pet's care and outlines the duties of the trustee to use the trust assets solely for the pet's benefit. The trust remains in effect for the lifetime of the pet or, if it covers more than one pet, until the death of the last surviving animal. The statute provides a legal framework for the enforcement of the trust, including the appointment of a person to enforce the trust if necessary. This ensures that the pet owner's wishes for their pet's care are honored and legally protected.