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 Wisconsin, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Under Wisconsin law, specifically Wisconsin Statute § 701.0408, a pet trust is a legally recognized arrangement that allows for the financial support of one's pets. The trust can be created during the pet owner's lifetime or through a will. The trust will name a trustee who is responsible for managing the trust assets and ensuring that the caretaker uses the funds for the pet's benefit as specified in the trust agreement. The trust can be for the benefit of one or more designated pets, and it will remain in effect for the lifetime of the pets or 21 years, whichever is shorter. This legal tool ensures that pets are cared for according to the owner's wishes, even when the owner is no longer able to do so personally.