Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

Author: Marc J. Comer

Date: May 26, 2026

Key Contacts

Back
Marc J. Comer discusses pet trusts in New Jersey and New York as a practical estate planning tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As more states recognize these arrangements, pet trusts have become an increasingly practical and reliable planning tool.

What Is a Pet Trust?

A pet trust is a legal arrangement often created by your will, that sets aside funds for the care of a designated animal and appoints a trustee to administer those funds. Unlike leaving money to a friend or family member with the expectation that they will care for a pet, a pet trust imposes enforceable duties. The trustee is legally obligated to use the funds in accordance with the trust’s terms and in the animal’s best interests.

Most states now explicitly authorize pet trusts, allowing them to remain in effect for the life of the animal. This legal recognition gives pet owners confidence that their wishes will be honored and monitored.

How Are Pet Trusts Regulated in New Jersey and New York?

Both New Jersey and New York expressly authorize pet trusts, but their statutory frameworks are best considered individually.

In New York, pet trusts are governed by Estates, Powers and Trusts Law § 7-8.1, which permits trusts for the care of designated domestic or pet animals. The statute allows such trusts to continue for the life of the animal and provides for enforcement by a person designated in the trust or appointed by the court.

New Jersey law similarly recognizes pet trusts under N.J.S.A. 3B:11-38. Like New York, the statute permits a trust to remain in effect for the lifetime of the animal and allows enforcement by a designated individual or, if none is named, a person appointed by the court.

In both jurisdictions, courts retain the authority to review the amount of property allocated to a pet trust and to reduce that amount if it substantially exceeds what is required for the intended purpose. This reflects the principle that such trusts must remain reasonably related to the animal’s care. A frequently cited example is the estate of Leona Helmsley, in which a substantial trust established for her dog was later reduced by the court.

What Should a Pet Trust Include?

A properly drafted pet trust typically includes several essential elements. First, it clearly identifies the pet or pets covered by the trust. This may seem straightforward, but detailed descriptions (and even veterinary records or microchip information) can help prevent disputes.

Second, the trust designates a caregiver, an individual responsible for the day-to-day care of the pet. This person may or may not be the same as the trustee, who manages the finances. In fact, separating these roles can provide an added layer of oversight.

Selecting a reliable caregiver and trustee is one of the most critical decisions in the process. The caregiver should be someone who is both willing and able to provide a stable and nurturing environment. The trustee should be financially responsible and capable of administering the trust in accordance with applicable state law.

Third, the trust outlines how funds should be used. This can include routine expenses such as food, grooming, and veterinary care, as well as more specific instructions regarding diet, medical treatment, or even preferred living arrangements.

Finally, determining how much to allocate to a pet trust requires careful thought. Factors such as the pet’s age, breed, health condition, and life expectancy all play a role. Costs in metropolitan areas like New York City or northern New Jersey may be higher, particularly for veterinary care, boarding, and grooming services.

While it is important to provide adequately for your pet, excessive funding can invite judicial scrutiny. Courts in both states have the authority to adjust the trust amount if it is deemed unreasonably large. A pet trust should also address what happens to any remaining funds after the pet’s death. Many pet owners choose to designate a remainder beneficiary, such as a family member or charitable organization.

How We Can Help

As with any estate planning tool, the effectiveness of a pet trust depends on careful drafting and coordination with the client’s overall plan. Vague or incomplete provisions can lead to unintended outcomes.

Scarinci Hollenbeck’s Tax, Trusts & Estates attorneys advise clients on incorporating pet trusts into comprehensive estate plans that comply with applicable law and reflect individual priorities.

For more information, please contact a member of our team.

About the Author

Marc J. Comer is a Partner in Scarinci Hollenbeck’s Tax, Trusts & Estates practice. He advises clients on estate planning and administration, trust agreements, probate litigation, and fiduciary matters across New Jersey, New York, and Pennsylvania.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know post image

Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]

Author: George McGowan

Link to post with title - "Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!