You can't leave money directly to a pet because pets are considered property under the law. But you have several options to ensure your pet stays well cared for when you can no longer care for them. The right approach depends on how much legal protection you want and how much you trust the person you have in mind.

A simple will or living trust lets you name a new owner and leave funds, but offers no guarantee the money will actually be used for your pet. A pet trust, by contrast, creates a legal obligation for the caretaker to follow your wishes. You also can sign up with a charitable program through a veterinary school that will place or care for your pet. In some cases, people’s wills might instruct that a pet be euthanized after they die, but this will provision might not be enforceable.

How to Use a Will or Living Trust to Protect Your Pet

The simplest way to provide for your pet after you die is using a will or living trust. You can make a provision in either of those documents to leave your pet (and some money to care for it) to a person you trust.

If you use a will or living trust, the person you name will become the owner of your pet and will receive outright any money you leave for your pet’s care. But the new owner won’t have any legal obligation to care for your pet or use the money in any particular way. The owner could give your pet away and use the money for a vacation or new car without consequences.

But as long as you choose someone you trust, you shouldn’t worry about your chosen caretaker abandoning your pet. You also can leave instructions for your pet's care in a separate document. That way your pet’s caretaker will know what your wishes are and can try to honor them.

Learn more about naming a beneficiary for your pet in your will or trust on Nolo.com.

What Is a Pet Trust and How Does It Work?

A pet trust is an estate planning tool you can use to create a legal obligation to care for your pet. Pet trusts provide more assurances that your pet will be cared for, but they can be a little more complicated to set up than a traditional living trust or a will.

In the pet trust document, you name a person to care for your pet, you provide instructions for your pet's care, and you leave money for that purpose. When you die, the person named as trustee will get the money and the pet. Unlike a provision in a will or living trust, the trustee of a pet trust will have to follow your instructions and use the money for the care of your pet.

Charitable Programs That Provide Homes for Pets

A few charitable pet care programs have sprung up across the country to ensure that pets will have a loving home when their owners can no longer care for them. When it’s tough to find someone both willing and able to take care of your pet, these programs can help.

Some organizations find loving homes for your pet; others will care for your pet for its lifetime, if you make a large gift. Here are a few of these pet care programs:

• Peace of Mind Program, School of Veterinary Medicine, Purdue University, 800-830-0104
• Perpetual Pet Care Program, Kansas State University School of Veterinary Medicine, 785-775-2130
• Cohn Family Shelter, Center for Veterinary Health Sciences, Oklahoma State University, 405-744-3647
• Stevenson Companion Animal Life-Care Center, College of Veterinary Medicine, Texas A&M University, 979-845-1188

Emergency Care for Your Pet While You’re Still Alive

You can designate a caregiver or create a durable power of attorney (POA) to provide for your pet in case you have an emergency—like an accident causing hospitalization. In some instances, you might have a close friend or family member who has keys to your home and who you know will make sure your animal is cared for while you recover. In that case, you might not need a POA to make sure your pet is safe.

Having a POA might make your pet’s caregiver’s job easier. In a POA, you can name the caregiver as your agent or attorney-in-fact to handle things like veterinarian visits. If you trust your agent, you can give them power over your financial accounts to pay for your pet's food, veterinarian treatment, medicine, and more. You also can limit the agent’s authority to use your funds only for the care of your pet.

Can You Have Your Pet Put to Sleep When You Die?

You can write a provision in your will that directs the executor of your estate to have your pet humanely euthanized, but asking the executor to do this might not work.

If anyone objects to the provision in your will, the probate court, which oversees the administration of your estate, will rule on the validity of the will provision. Almost always, these provisions are found to be invalid, and the court might forbid the executor from carrying out your instructions. Courts have always frowned on wills that order the destruction of any kind of property, on the ground that it goes against public policy to needlessly destroy valuable property.

Generally, the court's rationale is something like this: Someone leaves instructions in a will to euthanize a pet because of the worry that the pet won't be cared for properly or will end up in a shelter or somewhere worse. The owner wishes to prevent pain and suffering. So, if the pet is old and ill, or so attached to the owner that it couldn't adjust to a new home, the owner's request that it be humanely destroyed might make perfect sense. But if an executor has found a good home for the animal, and the animal seems well adjusted and well taken care of, a court might decide that the previous owner's wishes are best fulfilled by not carrying out the will's order.

Also, keep in mind that people who learn of your wish (your executor, other beneficiaries, family members) might question your motive for putting a provision like this in your will. They might wonder why you didn’t try to arrange for your pet to go to a good home, and they might try to convince your executor or the court not to follow your wishes. So, if you truly want your wish to be followed, before you die, you should try to explain your reasoning to those who might intervene.

Next Steps: Planning for Your Pet's Future

Ultimately, you’ll decide the best way to care for your pet when you no longer can. It’s up to you whether you want formal documents like a will, pet trust, or POA. But these formal estate planning documents are your best options if you want to ensure that your pet is cared for—instead of relying on friends or family to do the right thing.

You can learn more about pets and estate planning on Nolo.com. If you want to make a will, trust, or POA that provides for your pet, you can try Nolo’s Quicken WillMaker & Trust. If you don’t want to make these documents yourself, you can consult with an estate planning attorney in your state.