Nevada Revised Statute (NRS) § 163.0075 (1) states “a trust created for the care of one or more animals that are alive at the time of the settlor’s death is valid.  Such a trust terminates upon the death of all animals covered by the terms of the trust.  A settlor’s expression of intent must be liberally construed in favor of the creation of such a trust.” In other words, this section is extremely powerful and useful in guaranteeing that an individual’s pet is taken care of in the same manner as if the person was still alive.  Additionally, this language not only authorizes trusts for the care of animals, but allows these trusts to remain in effect until the pet’s passing or until the last of the individual’s pets passes away.  

However, in NRS § 163.0075 (3) it states, “a person having a demonstrated interest in the welfare of the animal beneficiary may petition the court for an order to appoint himself or herself as trustee or to remove the trustee.” Then the Statue states “the court shall give preference for appointment to a person who demonstrates such an interest.” This change that was added recently and adopted in 2024 is scary.  We do not want some stranger to petition the court to appoint himself or herself as trustee.  We want the pet owner and the grantor or trustor or creator of the trust to make these decisions.  Therefore, a good estate planning attorney would carefully draft the language in the pet trust to explain to the court to never allow another person to be appointed pursuant to subsection (3) but rather use the names of the successor trustees that the pet owner has designated to be the pet caretaker and successor trustee.