December 2025: 

The MLO Minute: “Including Your Pet in Your Will or Trust” — 

By Jennifer Simons, Esq., Attorney in the Estates and Trusts Department — 

            As some of you may know, actress, Diane Keaton, recently passed away. But what you may not know is that she reportedly left five million dollars of her estate to her dog, Reggie. Whether or not this is confirmed to be true, it is however true that most pets are considered cherished members of the family. And if you own a pet, it is important to plan for what will happen to your pet if you pass away. Sadly, many people do not plan for how their pet will be cared for if they are no longer around. There are ways to provide for your pet after you are gone and to ensure that they are taken care of for the rest of their life.

Although pets are often considered family, under Pennsylvania law they are considered “property”. And just as your Will states how you want your property (such as jewelry or other personal belongings) to be distributed upon your death, a Will can also state who will get your pet if you die. If you don’t name a person in your Will to take your pet, your pet may end up in a shelter or left alone until a suitable caregiver can be found. Pets are often forgotten about immediately after a person passes away, and family are busy making funeral arrangements. By naming a person in your Will who will take your pet, you not only take the burden off your family or Executor of your Will, but you get to decide who will care for your pet. When deciding who will take your pet, you should make sure that the person you choose is aware that you have named him/her in your Will, and more importantly, that they are willing and able to take the pet. You may also want to leave a specific sum of money to the named caregiver to be used for the pet’s needs, such as food, toys, medication, veterinary bills, etc. In this respect it is important to choose a person that you trust will use the money for the care of the pet, as there is no way to legally enforce that they use the money for this purpose.

Another option to provide for the care of a pet after you are gone is to create “pet trust”. Under Pennsylvania law, a trust can be created to provide for the care of an animal. By establishing a trust for a pet, you appoint a person who will take the pet upon your death or incapacity and provide specific instructions as to how the pet is to be cared for using the money in the trust. This may include directing that the funds in the trust be used for the pet’s food, veterinary care, grooming, etc. Most importantly, a properly prepared pet trust allows for the trust to be enforced by the person appointed as the trustee of the trust. The trust can continue for the life of the pet and provide peace of mind that your pet will be well taken care of for as long as your pet lives. There are several factors to consider when establishing a pet trust, such as how much money will be required to care for your pet, whom to appoint as trustee, whether the trust will be established during your lifetime or through your Will at your death, etc. Establishing a pet trust may be a better option than just naming a caregiver in your Will if there are concerns that the caregiver won’t be financially able to care for the pet or to ensure that money you leave to the caregiver is only used for the pet’s needs.

Please contact McAndrews, Mehalick, Connolly, Hulse and Ryan, P.C. and ask to speak with one of our estate planning attorneys if you have questions about including your pet in your Will or creating a pet trust. Call 610-648-9300 or click here to contact us today!