Dog/Probate

Question

My boyfriend and I joined homes last May and we both have dogs. He passed away in November now his parents are trying to take the dog. What can I do? I have had this dog for 10 months, during which time I have been caring for and loving her, as well as paying for all of her expenses.

Answer

I am sorry for your loss. Next of kin generally have rights to a decedent’s animals unless there is a trust or will that provides otherwise. However, that is not typically the case when an animal is co-owned or was gifted or sold by the decedent prior to death, in which case the co-owner or person to whom the animal was gifted or sold would have rights. If a lawsuit is commenced, it will be up to a court to decide who should get the animal. I hope that everyone involved considers the long-term best interests of this dog.

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By |2023-04-21T20:05:26-04:00March 3rd, 2023|