Can You Leave Money to Your Pet in a Trust? In California, Yes—And You Should
When most people think about estate planning, they focus on their children, spouse, or charitable causes. But for many Californians, pets are family too. Whether it’s a golden retriever, a rescue cat, or a flock of exotic birds, animals often play a central role in our lives—and yet, many pet owners fail to plan for what happens to them when the owner dies.
Under California law, you can absolutely leave money to care for your pet after you pass away, and the best way to do it is by setting up a pet trust. At Trust Law Partners, we regularly work with beneficiaries and family members in high-stakes trust litigation. While we typically deal with disputes involving multi-million dollar estates, pet trusts often come up in the context of contested documents, family drama, and unclear intentions.
If you want to make sure your pet is protected—and avoid family conflict over their care—it’s important to understand how pet trusts work, what they can and can’t do, and how to avoid common pitfalls.
What the Law Says About Pet Trusts in California
In the eyes of the law, pets are not people. They are considered property—which means they can’t inherit assets directly like a child or spouse would. You can’t name your dog as a beneficiary of your will or trust and expect the court to hand over a bank account. But California law does allow you to set aside money in a trust specifically for the care of an animal, and that trust can be legally enforced.
California Probate Code §15212 governs pet trusts. It allows you to:
- Name a caregiver to take physical custody of your pet
- Allocate funds for veterinary care, food, housing, and related expenses
- Designate a trustee to manage the money and oversee the pet’s care
- Provide instructions for what happens to leftover funds after the pet dies
Properly drafted, a pet trust ensures your animal is not only taken in but also cared for according to your standards—without relying on someone’s goodwill or memory.
Some people try to leave money to a friend or family member with a note that says “Please take care of my dog.” That approach is risky for several reasons. First, wills must go through probate, which can take months or longer. Second, there’s no legal obligation for the person receiving the pet or money to actually follow through. Once the money is theirs, they can do whatever they want with it—and the animal has no protection.
A pet trust is enforceable. It gives the trustee a fiduciary duty to use the funds as intended, and it allows courts to intervene if something goes wrong.
We've seen disputes arise when someone dies with vague or inconsistent plans for their animals. A pet is rehomed hastily, funds disappear, or relatives argue about whether the animal should be euthanized or sent to a shelter. A trust helps prevent those scenarios by spelling everything out ahead of time.
Real-Life Scenarios Where Pet Trusts Matter
Not every pet trust is a multimillion-dollar setup like Leona Helmsley’s infamous plan for her dog Trouble. But that doesn’t mean the risks are any less real.
Consider the following common situations:
- A single person with no children wants to ensure their two cats stay together and continue receiving the specialized food and medical care they’ve always had.
- An elderly couple owns a parrot expected to live another 40 years and needs someone trustworthy to care for it after they’re gone.
- A person with a disability relies on a service dog and wants the dog placed with a trainer or organization that understands its value.
- A family member agrees to take a pet but later complains that the cost is too high or that the pet’s care wasn’t part of the inheritance discussion.
These are not rare scenarios—they come up frequently in trust litigation, especially when heirs disagree or trustees ignore the decedent’s wishes.
Key Elements of a Strong Pet Trust
A strong pet trust includes several essential elements:
- Identification of the Pet
Be specific. Include photos, microchip numbers, veterinary records, or other details to confirm which animal is covered by the trust. This avoids disputes if you have multiple pets or similar-looking animals.
- Named Caregiver
Choose someone you trust to take physical custody of the pet. This person should agree in advance. Consider naming a backup in case your first choice declines or becomes unavailable.
- Funding Plan
Decide how much money is necessary for the pet’s expected lifetime. Take into account food and supplies, routine and emergency vet care, grooming, boarding, pet insurance, and travel or transport costs, if applicable.
- Trustee Selection
This person manages the money—not the pet. The trustee’s job is to ensure funds are used appropriately and can step in if the caregiver neglects the animal or misuses the funds.
- Instructions for Leftover Funds
When the pet dies, any remaining money in the trust can be directed to family members, charities, or a pet rescue organization.
- Enforcement Mechanism
You may include a named person or organization with authority to go to court if the trust isn’t being followed. This provides another layer of protection.
Common Problems With Pet Trusts
While pet trusts are generally helpful, they can become points of contention in probate court—especially in wealthy families or when the estate is being split among children and relatives.
Some common problems include:
- Overfunding the pet trust at the expense of human beneficiaries, which can lead to lawsuits or claims of mental incapacity.
- Unclear language that leaves too much discretion to the caregiver or trustee.
- No enforcement provision, meaning there’s no one monitoring the situation.
- Unrealistic expectations, such as requiring the pet be kept on the same property indefinitely, even if it's no longer feasible.
At Trust Law Partners, we've handled disputes where adult children objected to the amount of money set aside for a pet—especially when it limited their own inheritance. In other cases, trustees ignored the terms of the trust entirely and used the funds for their own benefit.
We’ve also seen battles arise when a caregiver became overwhelmed or no longer wanted the responsibility but had no backup plan in place. These scenarios can be avoided with thoughtful planning and professional drafting.
Tips for Creating a Pet Trust in California
If you’re thinking about creating a pet trust, here are some important tips:
- Talk to the person you want to name as caregiver and confirm they are willing.
- Work with an estate planning attorney who understands trust law and has experience in California probate matters.
- Don’t leave the entire estate to a pet trust. Courts are more likely to uphold a trust if it’s proportionate and reasonable.
- Keep your documents updated. If your pet dies or you get a new one, make sure the trust reflects your current wishes.
- Avoid online templates. Pet trusts are legal documents that require precision. A poorly drafted trust can be challenged or ignored entirely.
If you die without naming a caregiver or leaving instructions, your pet will be treated as part of your personal property. In probate, the court will distribute your assets—including your animals—according to intestate succession rules or your will.
In practice, that often means a relative takes the pet, drops it at a shelter, or gives it away without much thought. Even if your family loves your pet, there may be disagreement about who should take it or how much money should be set aside for care.
Animals can end up in stressful or unsafe situations—not because anyone meant harm, but because no one planned ahead. A pet trust prevents that uncertainty.
How Much Money Should You Leave in a Pet Trust?
High-net-worth individuals often want to ensure their lifestyle continues for their pets. If you spend $5,000–$10,000 per year on your dog’s care, and your dog has 10 years of life expectancy, that’s $50,000 to $100,000 you may want to allocate. For some breeds, ages, or medical needs, even more may be appropriate.
Trust Law Partners has worked with beneficiaries who felt blindsided to learn that large sums were earmarked for animals—especially when human family members were struggling financially or felt overlooked. These situations require careful legal strategy, documentation, and transparency.
Final Thoughts: Protecting Your Pet With a Legally Enforceable Trust
Planning for your pet’s care after your death may feel unusual, but it’s one of the most thoughtful acts a pet owner can make. It avoids placing the burden on loved ones, prevents conflict, and ensures your pet continues to receive the care they deserve.
Whether you’re leaving $5,000 or $500,000, your intentions can be honored with the right legal structure.
At Trust Law Partners, we help beneficiaries enforce valid trust terms and challenge wrongdoing—whether it involves money for family members, charities, or even cherished pets.
If you’ve been left out of a trust, or if you suspect someone is misusing a pet trust or ignoring a loved one’s estate plan, Trust Law Partners, LLP can help. Call us at 833-878-7852 for a confidential consultation.
