What’s So Special About Pet Planning?

Oct 27

By Laura J. Martin, Esq.

A “Pet Trust” is a statutorily enforceable trust relationship for the care of one or more animals. If you die or become permanently unable to care for your animals, a Pet Trust can be used to maintain and protect your animals throughout their remaining lifetimes. A Pet Trust is the most protective estate planning option available for pets.

As a recap of prior articles, a trust is a legal relationship created by agreement between the settlor (the person creating the trust) and the trustee. The trustee manages and distributes money or property for the benefit of trust beneficiaries or to fulfill a trust purpose under the terms of the trust agreement. The benefits of using a trust to plan, provide for, and protect pets include avoiding probate, designating successor pet beneficiaries and caregivers, financial management of money left for pets, and the opportunity to exert post-death control over your pet’s welfare. For a complete list of trust benefits, see the August 2025 OAA Animal Insider newsletter.

Last month, we explored when and how to provide for pets in traditional estate planning trusts. A traditional estate planning trust is different than a Pet Trust. In a traditional trust, an animal is maintained for the benefit of a human beneficiary. In a Pet Trust, money and other property is set aside to care for and maintain an animal for its own benefit. This distinction is important. Pet Trusts are our one and only pet estate planning option designed and intended for the direct benefit of animals rather than persons. A Pet Trust has no current human beneficiaries. A Pet Trust is a purpose trust – its sole purpose is to care for and protect a pet.

Historically, trusts for the care and benefit of animals were considered unlawful or unenforceable. To meet the growing demands and needs of pet owners nationwide, state legislation validating Pet Trusts began appearing in the 1990s. Since January 1, 2007, Pet Trusts are statutorily authorized and enforceable in Ohio under Section 5804.08 of the Ohio Revised Code.

Animals cannot file lawsuits or go to court to enforce their own trust. So, Pet Trust statutes provide for the appointment of a person to enforce the trust on behalf of a pet. This enforcer or trust protector can be appointed by the animal’s owner or by a court. Unlike our traditional estate planning tools (powers of attorney, wills, and traditional trusts) that are designed to benefit people, Pet Trusts are designed to benefit animals and will be enforced for the benefit of animals, not persons. As a result, a Pet Trust is nearly always the most protective planning option for a pet. In a traditional estate planning trust, the needs or desires of human trust beneficiaries will usually come before and may even completely trump animal needs and welfare. Conversely, in a Pet Trust, there is no direct conflict between human needs and animal needs – animal welfare comes first.

The most important differences between a traditional estate planning trust and a Pet Trust can be summarized as follows: