Legal Question in Wills and Trusts in California

In my sweet puppy's best interest to dishoner deceased brothers wishes.

My recently deceased brother left the puppy I bought for him to his lover in his Will and then to me if anything happened to his lover. I ended up living with the 2 of them for 4 months prior to his death and grew a very strong attachment to her as did she. Since then I have been kicked out on my butt, the locks changed with no new copy and am currently moving my belongings out of his garage with tomorrow as my deadline. I have been informed that he will be changing that lock as well. Basically I can't stand the man anyway but he is cutting off all access to my dog!She gets so upset when I leave that it makes me cry. He works 5-6 days a week 12 hours a day and she has no possible way to go outside to go to the bathroom! I knew my brother better than anyone (we were best friends) and I know for a fact that he would not stand for this! I need advice on this like today! Please help!!!


Asked on 5/27/02, 6:59 am

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: In my sweet puppy's best interest to dishoner deceased brothers wishes.

This situation is not uncommon. Animals that we grow attached to are an important part of the human experience. However, the remedy to maintain contact with the animal is to file a lawsuit in the Superior Court. Which is very costly. And since the animal was willed to the individual that has it. The out come in your favor isn't certain. So your best bet would be to write the individual that has the animal (remember that's what this is all about), and point out measures that he should take for the welfare of the animal. Like leave the animal access to the outside by a small door to go into the yard for sanitary reasons. If your brother (that loved you) wanted you to be the primary care giver for the dog. He would have named you the primary person to take care of the animal after his death. Then when all else fails go to the animal pound and get your own puppy.

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Answered on 5/27/02, 10:38 am


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