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 Texas, pet owners can create a trust to ensure the care and well-being of their pets after the owner's death or incapacitation. Texas law recognizes pet trusts, which are legally enforceable arrangements that provide for the care of one or more animals in the event of the owner's inability to do so. The pet owner, known as the grantor, establishes the trust and may fund it with money or assets to be used for the pet's benefit. A trustee is appointed to manage the trust according to its terms, which will specify how the funds are to be used for the pet's care. The trust can be for the life of the pet or for 21 years, whichever is shorter. The relevant Texas statute that provides for the creation of pet trusts is found in the Texas Property Code, specifically in Section 112.037.
