What Happens to Your Pets in Your Illinois Will?

 Posted on December 09, 2025 in Estate Planning

When people think about drafting a will, they typically think about things like how homes, savings, and heirlooms will be passed. However, what happens to a beloved pet after its owner passes away? Under Illinois law, animals are not treated as legal heirs. However, there are ways to make sure a pet continues to receive care and attention.

The Oakbrook Terrace, IL estate planning lawyers at Farooqi & Husain Law Office can help you create a plan that protects your assets and your pets.

Can You Leave Money or Property to a Pet in Illinois?

In Illinois, pets are legally considered property. Because of this, you cannot leave money or assets to a pet directly. However, you can leave money for your pet’s care. Many pet owners do this by naming a trusted person in their will to take responsibility for the animal and manage funds that have been set aside for the pet’s needs.

Your will can also include detailed instructions about your pet’s food, routine, and medical care. The clearer your instructions, the easier it will be for your chosen caregiver to follow your wishes.

What Is a Pet Trust?

Illinois law allows pet owners to create a legally enforceable pet trust under 760 ILCS 3/408. The trust lasts for the lifetime of the animal and ends when the last surviving pet covered by the trust passes away.

In the document, you would name a trustee to manage the money and a caregiver to handle day-to-day care. The trustee ensures that the caregiver uses funds appropriately for food, veterinary care, and other necessary expenses. If a court finds the amount in the trust is more than reasonably needed, it can reduce it to keep things fair.

A pet trust provides structure and accountability, giving your wishes legal force and preventing disputes among family members. It also guarantees that funds meant for your pet are used for that purpose.

What Happens to Pets if They Are Not Included in a Will?

If your pet is not mentioned in your will or any other estate planning document, it becomes part of your general estate. Whoever inherits your personal property will also inherit your pet. This arrangement can work if the inheritor is willing and able to care for the animal. However, if that person cannot or does not want to do so, your pet’s future could become uncertain.

In some cases, family members may not know what to do, and the pet may end up in a shelter. Illinois animal welfare laws, such as 510 ILCS 70/3.01, protect animals from abuse or neglect but do not determine who becomes their new owner after a person’s death. The best way to ensure your pet’s safety and comfort is to plan ahead and clearly name a caregiver or create a trust that includes your animal.

Who Should You Choose to Care for Your Pet After You Die?

Choosing a caregiver for your pet requires thought and open communication. Ideally, the person you select should know your animal and be willing to maintain its routine. Many pet owners also name an alternate caregiver in case their first choice cannot take on the responsibility.

Before naming someone in your will or trust, talk with them about your expectations and your pet’s daily needs. You can include a short letter with your estate documents detailing your pet’s feeding schedule, medication, and favorite activities. Although not legally binding, this letter helps the caregiver understand your pet’s personality and ensures consistent care.

Contact Our DuPage County, IL Estate Planning Attorneys Today

Attorneys Naveed S. Husain and Ausaf Farooqi are experienced estate planning lawyers with a thorough understanding of Illinois and Islamic law. Together, they help clients design plans that reflect their values and protect every member of their family, human and animal alike. To begin preparing your estate plan, call our Oakbrook Terrace, IL estate planning lawyers today at 630-909-9114 to schedule a consultation.