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 New Jersey, pet owners can create a trust specifically for the care of their pets after the owner's death or incapacitation. New Jersey's pet trust law is codified under N.J.S.A. 3B:11-38, which allows for the creation of a trust to provide for the care of domesticated animals that are alive during the settlor's lifetime. The trust remains in effect until the death of the last surviving animal covered by the trust. The trust can be enforced by an individual appointed in the trust document, or if no one is appointed, by an individual appointed by the court. The court may also intervene to enforce the trust or to remove and appoint a new trustee if necessary to ensure the proper care of the animals and the appropriate use of the trust's assets.