California
Pet trusts are now enforceable in California pursuant to California Probate Code Section 15212 which became effective January 1, 2009, following passage of California SB 685. In California, you can now make a pet trust to provide for the care of your domestic animals and pets upon your death or incapacity. Under the new law, the trustee of the pet trust is required to carry out the provisions of the trust. If the pet trust does not name a trustee, or if the trustee or successor trustee named in the pet trust is unable or unwilling to serve, the court will appoint a trustee. Unless expressly provided otherwise in the trust, a California pet trust terminates when no animal living on the date of the settlor's death remains alive. Your pet trust should name a beneficiary to receive any property remaining in the pet trust after your pets have passed.
California’s animal trust statute gives pet owners greater assurance their estate plans to provide for their animal companions will be carried out. California Probate Code Section 15212 allows certain individuals and entities to petition the court to enforce the pet trust. Like most pet owners, you may be concerned about how someone else will care for your pet in your absence. You can include provisions in your California pet trust to have someone check the condition of your pet to ensure your animal is receiving adequate care. Under this law, any beneficiary of the pet trust, any person designated by the trust document or the court to enforce the trust, or any nonprofit charitable corporation that has as its principal activity the care of animals, may inspect your pet, the premises where your animal is kept, or the books and records of the pet trust.
Florida
Florida law allows for the creation of a pet trust to care for an animal that was alive during the lifetime of the settlor, the person who created the trust. Pursuant to Florida Trust Code Section 736.048, a pet trust in Florida terminates on the death of the last surviving animal that was alive during the settlor’s lifetime.
Under Florida law, the pet trust may be enforced by a person appointed in the trust and if no such person is named, a person may be appointed by the court to enforce the trust.
New YorkPet trusts are enforceable in the State of New York pursuant to New York Estates, Powers and Trusts Law. The amount placed in trust to provide for the care and maintenance of pets covered by the trust should not be excessive. Under New York law, if a court determines the amount of property placed in trust for a domestic or pet animal substantially exceeds the amount required for the intended use, the court may reduce the amount of property in the pet trust. NY E.P.T.L. Section 7-8.1.