Q: i rescued an abandoned dog when the owner (brother in law) passed away and now 2 years later the daughter wants the dog.
at the time of the rescue, the other brother and general partner of the farm let us take the dog as we had a relationship with it. the daughter of the deceased is the sole heir of her fathers estate and is claiming the dog now 20 months later. does she have standing to do so? she intends to give the dog away to someone else.
A: You could wait until she tries to sue you in court for the dog, then you would have to fight it out in court. But, since this is being raised as an estates issue, it might be best to contact and estate/probate attorney to help guide you.
A: Did the estate go through probate? Is the daughter the personal representative? These are questions that must be answered to determine if she has standing. If yes to the first to questions, and she intends to give the dog away to someone else, would it make sense to try to negotiate with her to see if she will take some money and release the estate's claim to the dog? I would recommend a consultation with me to go over these issues.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
