Pet Parents Can’t Legally Protect Animals Like They’re Family

Although you may think of your pet as a cherished family member (with their own meal delivery service and wardrobe), New York law considers Fido “personal property,” a result that remains unchanged despite a recent pivotal New York Supreme Court case, DeBlase v. Hill.

While this case highlights our societal shift away from treating pets as mere property, it doesn’t change the treatment of pets as personal property for purposes of drafting a will. In New York, pets are still personal property for estate purposes.

Pets Are Family

On July 4, 2023, Nan DeBlase and her son, Trevor, took Trevor’s dog, Duke, on a leisurely stroll in their neighborhood. While Nan carefully crossed an intersection, a car ignored a stop sign and struck and killed Duke. Nan held onto Duke’s leash, suffering the mental anguish of watching Duke’s suffering while fearing she could be struck herself.

Nan sued the driver for emotional damages related to negligent infliction of emotional distress and for compensatory damages, seeking reimbursement for the cost of replacing Duke and for vet bills resulting from the accident.

The driver sought to dismiss Nan’s claim for negligent infliction of emotional distress on the grounds that emotional damages can only be sought for witnessing the death of a human family member, not a pet, which various aspects of state law have long treated as personal property.

Prominent veterinary and pet product associations supported the driver’s position; while, animal rights associations supported Nan’s.

The court ruled in Nan’s favor, stating she could recover monetary damages for the emotional distress the negligent driver caused her.

Resultingly, for civil law purposes in New York, you can now recover emotional damages for the death of your pet as if they were your human family, provided that your pet was “tethered” to you when struck and killed by a negligent driver.

Existing Pet Laws

We love our pets, and we increasingly want to show our love in legal terms. Pet ownership is at an all-time high. This makes sense; in our stratified society, 74% of pet owners report lower levels of anxiety and depression due to pet ownership.

In 2000, Tennessee was the first state to adopt a statute permitting emotional damages for a pet’s death. In 2001, New York adopted a pet trust statute, allowing a pool of money to be set aside for your pet after your death managed by a trusted individual—the “trustee”—who ensures the money is used for your pet’s exclusive care. Florida and Kansas followed.

New York amended its Domestic Relations Law in 2021 to require that courts, in awarding possession of the family dog or cat in a divorce, consider the animal’s “best interest,” the same standard applied to child custody and guardianship matters. The Uniform Law Commission, a state governmental association that drafts many laws adopted nationally, is now considering whether a form of the New York DRL should also become a uniform law.

Pets in Estates

DeBlase raises a salient question: Are these existing patchwork modifications to each state’s laws enough to fully protect your pet at your death?

The answer is no. Even though DeBlase is a victory for pet owners, pets are still considered personal property and are treated in the same way as your jewelry or your furniture in your will.

You may live in a state that allows for the creation of a pet trust in your will. However, this requires having sufficient funds to hire a lawyer and to justify creating a trust.

In contrast, if you have a child and can’t afford to create a trust, you can create a custodial account at a bank, which ensures the funds stay under a custodian’s care until your child reaches adulthood. Custodial accounts are the result of the Uniform Transfer to Minors Act. But no similar provision exists for pets.

In your will, you can also give your pet to a particular person—say a close friend—and leave with them a certain dollar amount, expecting the funds to be used for your pet. But without further legislation, there isn’t a guarantee your friend will maintain Fido’s Farmer’s Dog subscription rather than buy a new watch.

Although animal cruelty laws exist in all states, courts don’t appoint a guardian or custodian for your pet when you die to ensure your pet’s caretaker honors your wishes and doesn’t violate these laws. DeBlase doesn’t change this.

Key Takeaways

We’ve seen laws evolve alongside our relationships with our pets. While DeBlase represents a landmark change in how New York courts value our pets in civil lawsuits, estate laws have some catching up to do.

New York estate law still considers pets as “personal property” and doesn’t offer ways to ensure their wellbeing as it does for human children. However, you have limited options to provide for your pet’s financial needs. Pet owners should take advantage of these limited options to do the best they can to make sure Fido’s caretaker continues to spoil him long after they are gone.

The case is DeBlase v. Hill, N.Y. Sup. Ct., decided 6/17/25.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Suzanne Thau is partner in Schwartz Sladkus Reich Greenberg Atlas’ trust and estates department.

Laura Orlie is an associate in Schwartz Sladkus Reich Greenberg Atlas’ trust and estates department.

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