Rights to pet after owner’s passing.

////Rights to pet after owner’s passing.

Question

My partner passed away and I'm taking care of his dog. He didn't have kids.

His parents are going to proceed with probate. Since I'm taking the dog, I'm able to request a pension?

Regards

Answer

Consider that unless there is a will or trust which includes a provision for the decedent’s animal to be given to a named person (such as yourself) or entity (such as a humane organization), next of kin will typically have rights to the animal. In that event, it would generally be up to the next of kin whether or not to allow another person to have the decedent’s animal. It would also be up to the next of kin whether or not to pay such person to care for the animal. Next of kin may want to avoid doing so and simply demand the animal. I hope that everyone involved considers the best interests of this dog!

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question

By |2024-09-04T16:05:53-04:00July 18th, 2024|