Wills

Pets in a Will – how do you make sure that your pets are cared for?

Originally published: September 21, 2016 | Last updated: October 20, 2025 TL;DR: You cannot leave money directly to a pet in your Will — all 50 states prohibit this. Instead, you appoint a caregiver and leave them a bequest to cover your pet’s care. At USLegalWills.com, you name your pet as a specific bequest to […]

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Anonymous

Tim Hewson

October 20, 2025

Originally published: September 21, 2016 | Last updated: October 20, 2025

TL;DR: You cannot leave money directly to a pet in your Will — all 50 states prohibit this. Instead, you appoint a caregiver and leave them a bequest to cover your pet’s care. At USLegalWills.com, you name your pet as a specific bequest to a caregiver, then leave a separate sum of money for care expenses. Other options include pet trusts (available in certain states) for long-lived animals, conditional bequests (in states like New York), and designating an animal shelter as caregiver. Always ask your chosen caregiver before naming them.

Can You Really Leave Money to Your Pets in a Will?

We have all seen stories of eccentric millionaires leaving fortunes to their pets. Billionaire Leona Helmsley’s Maltese dog “Trouble” inherited $12 million from her estate (later reduced to $2 million by a judge). Two grandchildren received nothing. Trouble reportedly spent about $190,000 per year, mostly on a permanent security detail after receiving death and kidnapping threats.

Pets in a Will
Copyright: scorpp / 123RF Stock Photo

Dogs are not the only pets to feature in Wills. A cat named Blackie became the world’s wealthiest cat in 1988, inheriting $12.5 million from British owner Ben Rea. Blackie was the sole survivor of 16 cats who had shared Rea’s mansion.

While these stories grab headlines, there is a serious message: you can make provision for pets in your Will, even if you cannot leave them millions directly.

How Do You Appoint a Caregiver for Your Pet?

The first step is choosing someone you trust to care for your pet as you would. Key guidelines:

  • Always ask first — make sure they are willing to take on the responsibility
  • Name an alternate caregiver in case your first choice is unwilling or unable
  • You can leave the decision to your Executor, providing a list of possible caregivers for them to choose from

Can You Leave Money for Pet Care in Your Will?

Not directly. All 50 states are clear: you cannot leave any part of your estate directly to a pet. Your dog cannot have a bank account or own property. The workaround is to leave money or property to the person you designate as caregiver, with the request that they use it for the animal’s care.

Important caveat: This provision is not watertight. You can only request that the caregiver uses the money for the animal — there is no legal consequence if they spend it elsewhere. This is why your choice of caregiver is critical. You must trust them completely.

How Does USLegalWills.com Handle Pet Bequests?

Leave a pet in my Will

When you use the Will service at USLegalWills.com, the process involves two specific bequests:

  1. Name your pet as a specific item to be left to a beneficiary (the caregiver), plus an alternate beneficiary
  2. Leave a second bequest of a sum of money designated for the care of the pet

What If You Cannot Find a Caregiver?

If no one in your life can take responsibility, consider appointing a charitable organization such as an animal shelter or humane society. Before naming them in your Will:

  • Visit several shelters until you find one you are comfortable with
  • Discuss their adoption process and how they select adoptive families
  • Shelters are generally more willing to accept your pet if they receive a bequest along with it
  • Practices vary widely between organizations, so research is essential

What Are Conditional Bequests and Pet Trusts?

Option How It Works Limitations
Conditional bequestAvailable in some states (e.g., New York). Bequest is conditional on the caregiver actually caring for your pet. Executor monitors compliance.Can be overturned if challenged. Puts a tremendous burden on your Executor who may need to monitor pet welfare for 15+ years. Not recommended in most cases.
Pet trustEstablishes a trust for your pet’s benefit. Can calculate funds based on the pet’s age at your death. Available in certain states.Best suited for long-lived animals like horses and parrots. Must comply with state-specific rules. Should be drafted by a qualified person.

Can You Request Pet Euthanasia in Your Will?

Courts across the country have repeatedly refused to uphold euthanasia provisions in Wills. You can make your wishes known, but no one can be legally forced to carry them out. While you could state that if a new home is not found within a certain period the pet should be euthanized, this provision cannot be legally binding.

Can Your Pet Be Buried With You?

It depends on your state. Most states have not addressed this issue. New York introduced a provision in 2014 permitting cremated human remains to be buried alongside pet remains in a licensed pet cemetery. Famously, Leona Helmsley wanted Trouble buried alongside her at Sleepy Hollow cemetery, but the cemetery refused, citing regulations against non-human remains.

The legal landscape varies widely, so check your state’s specific rules and your chosen cemetery’s policies. For more on writing your Will, see our complete guide to how to write a Will. Consider also adding a Power of Attorney and Living Will.

Tim Hewson

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