Q: Can an obituary naming decedents pets serve as proof of ownership. My niece is claiming ownership.
Niece falsified documents and recently obtained a license and rabies vaccination documents. She has a lawyer and judge gave her temporary possession of dog until trial. They were dad's dogs. I don't know how she did all she did. What can l do?
A: Pets are considered property. They would belong by to the estate, as property of the decedent. The Personal Representative of the estate has the legal authority to take legal action to recover property belonging to the estate. If the PR refuses, an interested person can file a petition in the estate action regarding the matter. Proving or disproving claims by your niece is a matter of evidence. If she drafted the obituary then you might use those words as an admission by her that the pets belonged to the deceased. If someone else wrote the obit, you’ll need that person to testify as to the basis of their knowledge regarding that fact. Otherwise, the obit is just hearsay.
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