Legal Question in Wills and Trusts in Texas

Hi Mr. Gober.

I am in a situation where I need some assistance. My first partner died about a year ago. I was in St. Louis and he willed our chihuhua over to me. Due to the fact that I wasnt able to get back to Texas right away, the power of Atty gave her to another person in which that person said they would hold her for 3 weeks until I arrived back in Austin. Andrew died on August 11 and I arrived back on Sept 8. Andrew's wish was for me to get our chihuahua. Several of our friends knew that he willed her to me, and that it was his wish. I also have the a copy of the original ownership naming me a co-owner. The person who has her is aware that all I am wanting is to see my dog since I have contacted him for the last year. Even people at the vet know and are in contact with this person. What rights do I have in pursuing the matter as to being able to get my dog back. It is important for me since this is a special part of my life. I have witnesses, original emails from Andrew, and the AKC title. What I dont have and want is a copy of the Will. The power of atty had no issue giving me Andrew's furniture that was willed to me but wouldn't give me my dog. She said that Kira (dog) was a perisble item. I arrived back in Austin 30 days later. Is there anything that I can do? I may be reached at 314.922.5209.

Thank you for your time.

Martin


Asked on 6/03/10, 8:56 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

First of all a power of attorney goes away at the grantor's death. You can obtain a copy of the will at the probate court where it was probate. It is a public record. If you fail to obtain the dog, you can sue the person, but you will need to contact an attorney in the Austin area.

Read more
Answered on 6/04/10, 6:48 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas