Important Pet Planning in Illinois
For many Illinois families, (including in mine) pets aren’t “just animals” — they’re family. They comfort us, protect us, and fill our homes with unconditional love. Yet when it comes to estate planning, most pet owners don’t realize that without a plan, there’s no legal guarantee your pets will be cared for the way you intend. This guide will walk you through how to protect your pets under Illinois law so they always have the care, love, and security they deserve.
1. What Happens to Pets Without a Plan
If you pass away or become unable to care for your animals and haven’t named a caregiver, your pets are treated as personal property under Illinois law — just like your car or furniture. That means a court or executor could decide who receives them, family members could disagree, and shelters may have to step in and if no one claims them they could be even be euthanized. Fortunately, Illinois offers a simple and powerful way to prevent this — the Pet Trust.
2. The Illinois Pet Trust Act
Illinois is one of the most pet-friendly states when it comes to estate law. Under the Illinois Pet Trust Act (760 ILCS 5/15.2), you can create a legally enforceable Pet Trust that ensures your animal receives lifelong care.
Here’s how it works:
• You name a trustee (to manage the money) and a caregiver (to provide daily care).
• You can set aside money for food, grooming, vet visits, boarding, and general well-being.
• The trust can last for the lifetime of your pet (or multiple pets).
• The trustee is legally required to use the funds only for your pet’s benefit.
• You can name a remainder beneficiary to receive leftover funds once all pets have passed.
3. What to Include in a Pet Trust
When setting up your Pet Trust, consider including:
• Caregiver and backup caregiver information
• Your veterinarian’s contact details
• Feeding routines, medical needs, and favorite activities
• End-of-life instructions (preferred vet, burial, or cremation)
• Funding estimates for your pet’s lifetime care
4. How Much Money to Set Aside
Every situation is different, but here’s a general guide:
• Dogs: $10,000–$30,000 depending on lifespan and medical needs
• Cats: $5,000–$15,000
• Horses or livestock: $25,000–$100,000 or more
You don’t need to leave a fortune — just enough to ensure care and comfort. If funds remain after all pets have passed, the remainder can go to a charity, rescue, or family member of your choosing.
5. Alternatives to a Pet Trust
If you prefer a simpler option, you can:
• Name a caregiver in your Will (though this is not legally enforceable like a trust)
• Leave funds directly to a trusted person with written instructions
• Write a Letter of Intent describing how your pets should be cared for
However, a Pet Trust remains the only legally enforceable option under Illinois law.
6. Planning for Emergencies
You can take steps today to protect your pets before your full estate plan is complete:
• Keep an emergency pet card in your wallet listing who should be contacted.
• Place a pet alert notice on your front door.
• Let friends, family, or neighbors know how to access your pets safely in case of an emergency.
7. Example: The “Forever Home” Plan
Many owners in Will County include their pets in their Revocable Living Trust. They add a Pet Trust provision inside it so everything — their home, finances, and pets — is managed under one coordinated plan. It’s efficient, compassionate, and fully enforceable under Illinois law.
8. Your Legal Checklist
1. List all your pets (include microchip and vet info)
2. Choose a primary and backup caregiver
3. Decide how much to set aside for care
4. Choose a trustee to manage the funds
5. Name a remainder beneficiary
6. Work with your attorney to draft or add the Pet Trust to your estate plan
9. Local Resources
• Illinois Pet Trust Act (760 ILCS 5/15.2) – State law governing pet trusts
• PAWS Chicago – Pet planning education and adoption programs
• Illinois State Bar Association – Pet trust legal resources
• Local veterinarians and shelters – Many maintain lists of emergency caregivers
Planning for your pets is one of the kindest acts of love you can leave behind. You’ve provided them with safety, comfort, and affection every day — and a thoughtful plan ensures they’ll continue to receive that same care even if you’re no longer here.
At Marketti Law Firm, we help Illinois families protect every member of the family — including the ones with paws, whiskers, or wings. If you’re ready to create a Pet Trust or add pet provisions to your estate plan, contact our office today. We’ll help you make sure your pets’ future is as secure as the love they’ve always given you.