Looking After Pets in Your Estate Plan

 Posted on February 04, 2026 in Estate Planning

An estate plan generally involves human heirs, such as children and grandchildren, but this is not always the case. Some individuals have non-human dependents to consider. Does that mean everyone should include their pet in an estate plan? Not necessarily, but it might be worth considering if there is even the slightest possibility that your companion may outlive you. It is important to understand when this kind of provision is legally feasible and how you can take the first step toward implementing it in your estate plan.

At A. Traub & Associates, we know how much your pets mean to you. Our DuPage County, IL estate planning lawyers can help you protect your animal companions with a personalized plan. With over 150 positive testimonials, we have built up a reputation for compassionate service.

Are Pets Considered Property in Illinois?

In Illinois, pets are usually treated as personal property. That sounds harsh, but it affects what happens if you die without clear instructions for what happens to them. A pet is not automatically "assigned" to the person who loved him most or cared for him daily. Instead, your pets become part of your estate, and someone has to take legal control of them.

This is where intestate succession matters. If you die without a will, otherwise known as intestacy, Illinois law decides who inherits your property. The court will look for your closest legal heirs, like a spouse, children, parents, or siblings. Those relatives may inherit your estate in shares set by law. Since pets are treated as property, they are handled the same way. The person who ends up in charge of your property may also end up with your pet, even if that person is not the best fit.

Even when your family gets along, intestate succession can still create confusion. The person who inherits property might live far away. They might have allergies. They might rent a place that does not allow pets. They might already have animals that do not mix well with yours. If your plan is not written down, people are left guessing, and your pet pays the price.

Why Include Estate Planning Provisions for Your Pets?

When the owner of an animal dies or becomes incapacitated, the animal may end up at a shelter, especially if there are no family members who are willing to take on the responsibilities of surrogate pet ownership. In fact, the Fisher Center for Alzheimer’s Research Foundation reports that 100,000 to 500,000 pets are admitted to a shelter after their owner’s death or incapacitation. How do these once-valued companions end up in shelters?

Often, it is the friends, family, or children of the deceased who surrender them. Perhaps they do not have the income to care for the animal, or have tried to care for it but do not know how to do so appropriately. Still others might have allergies, small children, or other extenuating circumstances that make caring for an animal difficult or nearly impossible.

Whatever the reason may be, older Americans are starting to take this into consideration when creating their estate plans. Yet many are not quite sure of where to start. This is where an estate planning attorney can help.

Considerations to Make When Estate Planning for a Pet in 2026

While Illinois law does allow for the creation of pet trusts, there are special circumstances that must be considered. For example, you may need assistance in determining who is best suited to care for your animal, or in ensuring that the actual words used in your estate plan explicitly state what the allocated funds are meant to cover.

Another possibility you may want to consider is naming a second caregiver. This can be useful in the event that your primary caregiver choice dies, becomes incapacitated, or does not want to take care of your pet.

Should You Set Up a Pet Trust?

A will can name a caretaker, but a pet trust can go further. A trust can set aside money and create rules for how it is used. It can also name someone else to oversee the caretaker. That extra layer can reduce stress and lower the risk of conflict.

Illinois allows pet trusts. In plain terms, it means you can place funds in a trust for the care of an animal that is alive during your lifetime. The trust can last for the life of the animal, and it ends when the animal dies. This is recognized under Illinois law (760 ILCS 3/408).

A pet trust is often a good choice if any of these apply:

• You have more than one pet, or you expect to get more pets in the future.
• You have a pet with special medical needs.
• You have a large breed dog with higher expenses.
• You worry about family conflict.
• You want someone to check on the caretaker.
• You want clear rules that are harder to ignore.

How Much Money Should You Leave in a Pet Trust?

The right amount of money to set aside in a trust depends on your pet’s age, health, and lifestyle. A young dog will need care for many years. An older cat may need more vet care right away. You should think about the full picture, not just food.

Start with the basics. Food, treats, and routine supplies add up. So do grooming costs, flea and tick prevention, and license fees. Then consider vet care. Annual exams, vaccines, and dental cleanings can be costly. Emergency vet visits can be very expensive. If your pet needs ongoing medicine, that should be included too.

A simple way to estimate is to think in years. Estimate the yearly cost of care, then multiply it by the number of years your pet may live. Add a cushion for emergencies. Many people also include a small amount for end-of-life care. That may cover pain management, hospice support, or cremation or burial costs.

If you are unsure, you can build flexibility into the trust. You can allow the trustee to adjust spending based on the pet’s health and needs. You can also decide what happens to leftover funds after the pet dies. Some people send the remainder to a family member. Others choose a rescue group or animal charity. What matters is that you choose in advance, so there is no guessing later.

Contact a DuPage County, IL Estate Planning Attorney

Whether you have five pets or one, A. Traub & Associates is the firm to call. Dedicated to preserving the best interests of those you love most, our experienced Lombard, IL wills and trusts lawyers can help you develop creative solutions that are designed to satisfy your needs. Call 630-426-0196 today to schedule a confidential consultation so you can learn more.