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 Vermont, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Vermont law recognizes pet trusts, which allows a pet owner to designate a certain amount of money or assets to be used for the care of their pets. The trust is managed by a trustee who is responsible for administering the funds according to the terms set out in the trust agreement for the benefit of the pet or pets. The relevant statute in Vermont that provides for the creation of pet trusts is found in 14 V.S.A. § 307, which outlines the specific provisions and requirements for such trusts. This statute ensures that pets are provided for in accordance with the owner's wishes, even though pets are legally considered property and cannot own property or inherit assets directly.