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For millions of Americans, pets are family. They sleep at the foot of the bed, they know our routines, and they depend on us completely. Yet when I sit down with clients to review their estate plans, provisions for pets are often missing. People carefully plan for their children, their homes, and their retirement savings — and then leave their beloved cat, dog, or capybara entirely to chance. Let’s consider some better options.

The Law Sees Your Pet as Property

Here’s a difficult truth: under Idaho law, your pet is legally classified as personal property — the same category as your furniture or your car. That means you cannot simply leave money directly to your pet in a will. A bequest “to my golden retriever, Biscuit” has no legal effect. If you die without making specific arrangements, your pet will be distributed as part of your estate, just like any other asset, to whoever inherits your property. That person has no legal obligation to care for the animal, and they certainly aren’t required to use any money you left behind for that purpose.

The same risk applies if you become incapacitated. If you’re hospitalized or unable to care for yourself, who steps in to feed, walk, and care for your animals? Without a plan, the answer may be no one — at least not right away.

Idaho Allows Pet Trusts

Fortunately, Idaho has recognized the problem and provided a solution. Under Idaho Code § 15-7-601, you can create a legally enforceable pet trust — a trust established specifically for the care of one or more animals. The trust can hold funds designated for your pet’s food, veterinary care, grooming, boarding, and any other needs, and it remains in effect for the life of the animal. Upon your pet’s death, any remaining funds pass to the beneficiaries you designate.

A pet trust lets you name a caregiver — the person who will actually take your pet in and provide day-to-day care — as well as a separate trustee who manages the money and ensures it’s being used appropriately. Separating these roles can be wise. The best caregiver for your animal isn’t always the right person to manage finances, and having a trustee provides accountability.

What a Good Pet Plan Includes

Beyond the legal structure, a thoughtful pet plan addresses several practical details:

A named caregiver (with a backup). Have the conversation with your chosen caregiver before putting their name in a document. Make sure they’re willing, able, and genuinely prepared to take on your pet. Designate an alternate in case your first choice is unavailable.

Detailed care instructions. Your trust or a separate letter of instruction can describe your pet’s diet, medical history, medications, favorite routines, and any behavioral quirks. The more context you provide, the better the transition for your animal.

A realistic funding amount. Consider your pet’s age, breed, and anticipated lifespan when deciding how much to set aside. A healthy two-year-old Labrador and a fifteen-year-old cat have very different financial profiles. Your attorney can help you think through a reasonable figure.

Don’t Forget Incapacity

Estate planning tends to focus on death, but incapacity is equally important for pet owners. A durable power of attorney can authorize your agent to spend money on your pet’s care if you’re unable to do so yourself. Without this authority, even a willing family member may find themselves unable to access funds to pay a vet bill.

Your Pet Deserves a Plan

Planning for your pet isn’t an indulgence — it’s a responsibility. The same care you’ve put into planning for the people you love deserves to extend to the animals who depend on you. If you’d like to add pet provisions to your estate plan or create a standalone pet trust, we can help you put something in place that gives you real peace of mind.

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning probating estates or creating estate planning documents.

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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.