Legal Question in Civil Litigation in Georgia

Who gets the dog?

My husband's aunt recently passed away and she had a pomeranian that she got from us about a year ago. We paid 350.00 for him and sold him to her for 100.00 with the strict agreement that we were to get the dog back if anything were to happen. We did not think to draw up a contract because we didn't expect to run into any problems. Now we have other family members that refuse to give us the dog. Who is entitled to the dog? She was not married. We do have vet records that prove that he was ours at one point. What should we do to ensure that he is returned to us? Should we give up or do we have a reson to pursue this further?


Asked on 7/05/07, 11:13 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Who gets the dog?

Verbal promises are meaningless when someone dies. So unless she left you the dog in a will, or signed a written contract, you cannot prevail.

If there is no will and there are closer relatives, they get the dog. If there is a will, the will controls.

Instead of wasting money on a losing argument, if the dog really means lots to you, consider offering the family a premium (maybe let's say $500) to sell you the dog. They don't have to agree, so be prepared to bid generously.

Note: if there is no will and he is the closest relative, then he does possibly have a claim and should confer with a lawyer.

Read more
Answered on 7/05/07, 11:59 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Georgia