Leaving a will is a standard part of adult life, yet many people struggle with one specific detail: what happens to their pets. Without a proper plan, whether through a trust or a will, a beloved companion could end up in an animal shelter or face other uncertain outcomes.
Azriel J Baer, a trust and estate attorney at the New York-based firm Farrell and Fitz, notes that clients often know they need to handle this issue but lack clarity on the best method. While some clients establish trusts with substantial funds, most simply want to ensure the right person takes responsibility for their dog or cat.
Shelter risks and emotional barriers
Pets rely entirely on human care. Peter Klein, a cognitive behavioral therapist and founder of the therapy referral website Seek a Psych, warns that without a plan, animals face stress, surrender, or unnecessary euthanasia during an already chaotic time for their families.
Data from Best Friends Animal Society highlights the scale of the problem. A report indicates that 12.4% of the 4.74 million cats and dogs entering the US shelter system in 2025 did so due to owner illness or death.
Many people delay making arrangements due to fear. Klein suggests that naming these feelings helps. He describes the anxiety as anticipatory grief, which often stems from the deep bond between a person and their animal. The thought of the pet waiting by the door alone can be overwhelming.
However, focusing solely on the emotional connection often leads to mistakes. Experts advise against assuming a sibling or child will automatically step up. Jennifer Townes, an Oregon-based trust and estate attorney, states that such assumptions frequently result in pets ending up in shelters or being abandoned.
Legal protections and financial planning
Verbal agreements are not legally binding. Townes points out that telling a neighbor to take a pet creates no legal obligation. After death, family members or executors can refuse to hand the pet over, or the neighbor might forget the promise.
A legally binding document provides necessary security. Baer explains that you can leave your pet to the care of a designated person in your will. This is the bare minimum of protection, but it leaves many specifics up to the individual.
Standard wills are intended for property distribution, and pet provisions may not always be enforceable. Townes warns that leaving cash to a relative for pet care in a standard will means the relative can take the money and still place the pet in a shelter.
A pet trust offers a stronger solution. All 50 US states and the District of Columbia allow for legally binding pet trusts. These trusts contain money managed by a trustee, who pays a caregiver for the pet’s needs. You can tailor care instructions and set aside funds for vet care, which Klein notes is the real cost. Money is often the part people skip, but a set sum matters more than good intentions.
Specificity is crucial. Baer advises referring to any pets you have at the time of your death, rather than naming a specific animal. If a named pet dies before you, the new pet is not protected unless the language is broad enough.
Excessive funding can also cause issues. Baer cites the case of Leona Helmsley, who left $12 million to her dog, Trouble, in 2007. When her family challenged the will, the court reduced the amount to $2 million, ruling that the original sum was excessive.
Planning for pet care after death requires clear conversations and legal documentation. It ensures that the person your animal trusts will turn up, regardless of the circumstances.
Source: The Guardian
