Legal Question in Wills and Trusts in Pennsylvania
Contesting a will
Before my brother died, he gave me his dog to take care of because he was too sick. Later when he wasn't getting better, he asked me in a telephone conversation if I would take care of him if anything happened. I said yes. He said the dog would be provided for. After he died I found out he had an old will and it was willed to someone else. Can I contest the will? I know he didn't want this person to have it because he was too strict and had a electronic fence around his property that shocks a dog if they try to go over the boundary. What do I do if they come after the dog?
1 Answer from Attorneys
Re: Contesting a will
Even though it�s a bit callous, the law considers a pet to be a piece to be personal property, just like a table or a chair. If you can show that the dog was a given to you as a gift by your brother, then the estate should have no claim for the return of the dog. As a practical matter, you might try to work out a compromise with the executor of the will allowing you to purchase the dog from the estate.
If the executor demands that you turn over the dog and you refuse, then the executor will have to decide whether it is worthwhile to sue you for the return of the dog. If you are sued for the return of the dog, then you would have an opportunity to respond and to go in front of a District Judge and tell your side of the story.
If I can be of further assistance, please feel free to contact me. My primary office is in Media, but I also work in Levittown.
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