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 West Virginia, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. While pets are legally considered personal property and cannot directly inherit assets, West Virginia law allows for the creation of a pet trust. This legal arrangement lets the pet owner (grantor) set aside funds and provide instructions for the care of their pets. The trust will name a trustee who is responsible for managing and administering the trust according to the terms set out in the trust agreement, for the benefit of the named pet or pets. The specifics of creating and maintaining a pet trust in West Virginia can be found in the state's statutes, which outline the legal framework for these trusts, ensuring that pets are cared for according to the owner's wishes.