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 South Carolina, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Under South Carolina law, specifically South Carolina Code of Laws Section 62-7-408, 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 must designate a trustee who will manage the trust's assets and ensure that the caretaker uses the funds for the pet's benefit. The trust remains in effect for the lifetime of the pet or, if it covers more than one pet, for the lifetime of the last surviving animal. South Carolina's statutes provide a legal framework for these trusts, ensuring that pets are cared for according to the owner's wishes.