Question
My neighbor recently died and had a dog that her caregiver was taking care of for her. My neighbor told the caregiver she wanted her to keep the dog if something happened to her, but now her son wants the dog. He is an alcoholic and will not take care of the animal. The caregiver has had the dog since December and takes it to the groomer and takes really good care of the dog. No written agreement was made about the dog just verbal. Can the caregiver keep the dog?
Answer
I suggest that the caregiver consult with an attorney to plan next steps. If the dog was given away to the caregiver prior to the death of the dog’s owner, the caregiver would generally have rights to the dog. If, however, the caregiver was just watching the dog for the dog’s owner and during such time the dog’s owner died, typically the provision of the will or trust would determine who gets the dog and if there is no will or trust, the decedent’s heirs would generally have rights to the dog. I hope this all works out for the dog.
PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
Send Your Pet Legal Question Now!
Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.