For many people, their pets are family. But under Pennsylvania law, animals are classified as personal property, which means you cannot leave an inheritance directly to your dog, cat, or horse. A bequest that says "I leave $50,000 to my golden retriever, Bailey" is not enforceable.
What you can do is establish a pet trust, a legally recognized arrangement that ensures your animals will be cared for according to your wishes after you die or become incapacitated.
Pennsylvania's Pet Trust Statute
Pennsylvania's pet trust law is found at 20 Pa.C.S. § 7738, part of the Uniform Trust Act as adopted in Pennsylvania. The statute provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. Key provisions include:
- The trust terminates when no living animal is covered by the trust.
- The trust is enforceable. A designated person, or one appointed by the court, can enforce its terms on behalf of the animal.
- A court may reduce the trust property if it determines the amount substantially exceeds what is needed for the animal's care.
- Unused trust property passes to the remainder beneficiaries named in the trust, or if none, to the settlor's estate.
You should always name a remainder beneficiary so unused funds go where you want them, rather than falling back into your estate.
Why a Pet Trust Is Better Than a Will Provision
Many pet owners leave a bequest to a friend or family member "for the care of my pets." This approach has serious weaknesses:
A will bequest is not enforceable as to the pet's care. If you leave $20,000 to your sister with a request that she care for your cat, she receives the money outright. There is no legal mechanism to require her to spend it on the cat.
A will does not take effect until after probate. Probate can take weeks or months. During that time, your pet needs immediate care. A pet trust can take effect immediately upon your death or incapacity.
A will does not cover incapacity. If you become incapacitated and cannot care for your animals, your will has no effect. A pet trust can activate upon incapacity as well as death.
How to Structure a Pet Trust
A well-drafted Pennsylvania pet trust should address:
Identify the animals. Name each animal and include identifying information such as breed, color, and microchip number. Consider whether the trust should cover animals you acquire in the future.
Name a caretaker. The caretaker physically cares for your animals day to day. Choose someone who wants the responsibility, has the living situation for it, and is trustworthy. Always name at least one alternate. The caretaker and trustee should generally be different people, creating a system of checks and balances.
Name a trustee. The trustee manages trust funds and distributes money for the animal's expenses. You can name an individual or a corporate trustee, though corporate trustee costs may not be justified for smaller trusts.
Specify the standard of care. Address diet and nutrition, veterinary care expectations (including end-of-life decisions), living conditions, exercise, and grooming. The more specific you are, the better your wishes will be honored.
Fund the trust appropriately. Base the amount on a realistic estimate of your animal's remaining care costs: food, veterinary care, grooming, insurance premiums, caretaker compensation, and a contingency for unexpected expenses. Be realistic but not excessive, because a court can reduce funding it deems substantially more than needed. Common funding sources include a direct estate bequest, a life insurance policy payable to the trust, or lifetime funding.
Name a trust enforcer. Pennsylvania's statute allows you to designate someone to enforce the trust. This person has standing to go to court if the trustee or caretaker fails in their obligations. Without an enforcer, no one may actually monitor the situation.
Horses, Parrots, and Other Long-Lived Animals
Pet trusts are not limited to dogs and cats. Horses, parrots, reptiles, and other long-lived animals are excellent candidates because their care is often expensive and their lifespans can exceed the owner's. A parrot may live 50 or more years; a horse may require care for 25 to 30 years. For these animals, adequate funding and a carefully selected caretaker are especially important.
At Ament Law Group, we draft pet trusts as part of comprehensive estate plans for animal owners across Western Pennsylvania. If you want to ensure your pets are cared for after you are gone, call us at (724) 733-3500 or contact us online to schedule a consultation.
Related resources:
- How to Create a Will in Pennsylvania
- Living Trusts vs. Wills in Pennsylvania
- Understanding Powers of Attorney in Pennsylvania
- Estate Planning Services
- Schedule a Consultation
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