Yes, although you have to be careful on how you do it. This was the issue in Estate of Russell.[*1]What happened in the Russell case?
Georgia Nan died leaving a will. Her will gave a $10 dollar piece of gold to her sister and the rest of the property equally to a man named Charles Quinn and someone by the name of Roxy Russell. Charles Quinn was a long time friend. Roxy Russel, however, was a DOG!
So the sister sues.
What did the sister argue?
The sister argued that the gift to the dog was void because dogs cannot receive gifts by will. She claimed that because the gift is void, it should go to the next closest relative. And who's the next closest relative - you guessed it, the sister!
Charles counter argued that Georgia Nan intended for him to receive all the property and money so that he can use it to take care of the dog (basically, a trust for the dog).
What did the Court say?
The sister wins. The Court says there is nothing in the will that suggests that the gift to the dog was actually for Charles to take care of the dog. It was very clearly for the dog directly.
Therefore, the gift to the dog is void and passes to the sister as the next closes relative.
What does this mean?
The laws of wills are complicated and different in every state. If you want to include a pet in your will so that the pet is taken care of when you die, make sure to talk to an attorney about writing it properly. It can be done, and in fact, has become common.
[*1] Estate of Russell, 444 P.2d 353 (1968)
