Legal Question in Wills and Trusts in New York
Pets and wills
I am a professional pet sitter. Last June one of my customers became very ill and asked if I could take his dog without charging him because of his high medical bills. About a month later he went into a hospice and asked me if I would keep his dog when he dies. He died in November. His x-wife started asking to see the dog on wk ends and when he would return from her house he was sick and depressed. When I told her she could not see the dog anymore at her house she told me the dog was left to her in his will and she would get the dog permanently. I did speak to the executor of the will who says this is true. I have been caring for this dog since June and feel he is rightfully mine. I have many e-mails from her saying that she only wants to see the dog for a wk end because she can't keep him in her apartment, I am concerned for his well being if he goes to live with her.
What, if anything am I able to do? I would appreciate any advice you are able to give me.
Thank you.
1 Answer from Attorneys
Re: Pets and wills
If he gave you the dog before he died you can argue that it was pre-death transfer and therefore not a part of the estate. Perhaps it was the case, that instead of paying for your services, he gave you the dog in lieu of payment.
However, if it was the case that although the dog was in your custody he retained ownership at the time of death, the dog is subject to the estate, and the ex would be the rightful owner, in such a case, if she is pressing the issue your best bet would be if she would be willing to transfer ownership of the dog to you, perhaps you can buy the dog from his ex. In any case if she is not pressing the issue, and the dogs remains in your possession perhaps it is best to let sleeping dogs lie.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
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