You may have seen a recent commercial for an internet company that sells pet supplies. In the commercial, an attorney reads the deceased man’s last will and testament to the deceased man’s children and his pet cat, Mr. Marbles. The children are shocked to hear that the deceased man left his summer house to Mr. Marbles. The commercial declares that “pets aren’t just pets, they’re more.” 

While the commercial is tongue-in-cheek, people do plan for the care of their pets in the event of their incapacity or death. There are a lot of pet owners out there. Forbes recently published that 66% of U.S. households (approximately 86.9 million homes) own a pet as of 2023. It is without question that people love their animals. Forbes states that 85% of dog owners and 76% of cat owners responded in a poll that they consider their pet to be a member of the family.

In the past, a pet owner would make a provision for their pets in their last will and testament. However, some courts have raised questions about the enforceability of these provisions under common law.

To provide more certainty for concerned pet owners, the Ohio Trust Code now authorizes the creation of a trust for the care of animals. Such trusts have been designated "honorary trusts" because the funds are used for a specific non-charitable purpose without a definite beneficiary capable of enforcing it. Honorary trusts are also created for the construction of monuments and the care of gravesites.

A pet trust may be created for one or several designated animals. While the animal is ordinarily alive on the date the trust is created, an animal may be added as a “beneficiary” later provided that it is done while the owner is still alive.

The pet owner names a trustee to enforce the terms of the trust. If the trustee is unwilling or unable to serve the trust when the time comes, then any person having an interest in the welfare of that animal may apply to the probate court to become the trustee.

The Ohio Trust Code is clear that the amount of property that may be kept in a trust for the care of an animal is not unlimited. If a court determines that the trust funds exceed what is reasonably required for the animal’s care, it can order the trustee to distribute excess funds to the owner, if still living, or to the owner’s heirs. The trust terminates upon the death of the pet. The pet owner may direct the distribution of excess funds following the pet’s death within the trust document.

Without a doubt, a pet trust does sound rather extravagant. It’s certainly not for everyone. However, the continued care of animals is worth a discussion with a trusted estate planning attorney. Laribee Law, LLP is ready to assist you. That way, a pet owner can rest assured that the pet will receive good care long after the owner is gone. 

Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.