How Pet Trusts Can Protect Your Furry Family Members
At N.P. Weiss Law, we love our pets. You’ll often find dogs in our office, and we even have a PawSupport page dedicated to celebrating the joy animals bring to our lives. But under Ohio law, pets are considered property—not people. That means they aren’t subject to custody arrangements or legal protections like children are. So what happens if you pass away and want to ensure your beloved pet is cared for?
That’s where pet trusts come in—a powerful estate planning tool that allows you to provide for your pets with the same care and intention you’d give to any other asset.
Why Pet Trusts Matter
Recently, I spoke with someone whose aging parents were hesitant to adopt another cat. Their concern? “What if the cat outlives us?” It’s a common worry, especially among older adults who would benefit from pet companionship but fear leaving their animals behind.
Fortunately, Ohio law now allows you to create a legally enforceable pet trust—a trust specifically designed to hold ownership of your pet and set aside funds for their care. Unlike a will, which can take months to probate, a trust allows for a seamless transition of care. Your pet’s new guardian can access funds immediately to cover vet visits, food, grooming, and more.
How Pet Trusts Work in Ohio
Pet trusts used to be considered “honorary”—meaning they weren’t enforceable because pets can’t sue to protect their interests. But Ohio has changed that. Today, you can:
Designate a caregiver for your pet (or let the court appoint one).
Set aside funds specifically for your pet’s needs.
Ensure immediate care without waiting for probate.
Include multiple pets, including those in gestation or acquired in the future.
Control excess funds, which revert to you or your heirs if unused.
The trust remains active until the last pet named in it passes away. This gives you peace of mind knowing your furry companions will be cared for, no matter what.
Why a Pet Trust Is Better Than a Will
While you can name a pet’s new owner in your will, that doesn’t guarantee timely care. Probate can take months, and during that time, your pet may not receive the attention they need. A pet trust solves this by:
Transferring ownership immediately to the trust.
Appointing a trustee who can act right away.
Providing funds for ongoing care without delay.
It’s a proactive way to ensure your pet’s well-being and avoid unnecessary stress for your loved ones.
Conclusion
Pet trusts are a smart, compassionate solution for anyone who considers their pets part of the family. They offer legal protection, financial support, and peace of mind—especially for Northeast Ohio residents who want to ensure their pets are cared for in the event of their passing.
If you're thinking about how to protect your pets through estate planning, I’d be happy to help.
📅 Ready to move forward? Schedule a paid consultation with Attorney Nicholas Weiss.
📞 Have more questions? Contact our office.
This article is meant to be utilized as a general guideline. Nothing in this blog is intended to create an attorney-client relationship or to provide legal advice on which you should rely without talking to your own retained attorney first. If you have questions about your particular legal situation, you should contact a legal professional.
