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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98442
Experience:  Lawyer
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Who has rights to pets in the event of the owners death?

Customer Question

Who has rights to pets in the event of the owners death?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 1 year ago.
I am sorry for your loss. Did your son have a Will?
Customer: replied 1 year ago.
Thank you, ***** ***** didn't. He died when he 29 yr. These dogs have been a part of our family since they were puppies.
Customer: replied 1 year ago.
Please call(###) ###-####and ask for Jim.
Customer: replied 1 year ago.
I will be going to work soon, so please speak with my husband, Jim.Thank you,
Karen
Expert:  Debra replied 1 year ago.
I am not able to call Jim. I cannot speak to customers as they are not my clients so my law society doesn't allow it. But as your son died without a Will you and your spouse inherit his estate. So the dog is part of his estate and now belongs to the two of you. I suggest that you consider retaining a lawyer to send this woman a letter essentially threatening a lawsuit where you will sue for the dog, but also damages and your costs. Hopefully she will get scared and give in without having to sue her but if you sue her you will win. You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.The number is:1-***-***-**** or***-***-**** in Calgary
Customer: replied 1 year ago.
This still stands even though both sides agreed verbally & they have been in her care from about two weeks after our son passed away?
Expert:  Debra replied 1 year ago.
When your son died you became the owner of the dog. It does not matter who cared for the dog. But, if you entered into a contract with her (verbal or otherwise) then that agreement would prevail.
Customer: replied 1 year ago.
It was a verbal agreement. So what are we able to do (Legally) because she isn't holding up her end of the "Contract" letting us have regular contact with the dogs.
Customer: replied 1 year ago.
I'm sorry I don't think I understood the first time I read your response, before I sent my response. So your saying even though there was a verbal agreement between her, my husband & I...the dogs still, legally belong to my husband & myself...right!
Expert:  Debra replied 1 year ago.
The dogs were yours at the time of your son's death. If you agreed she could have them so long as she would give you visits then they are still yours and she has to give them back because she is breaching her terms of the agreement. You would not have given them to her if she wasn't going to allow the visits. If you had said they dogs are yours and I hope you let us visit that would be a different matter. It depends on specifically what was agreed to.
Customer: replied 1 year ago.
Thank you, ***** *****
Expert:  Debra replied 1 year ago.
You are very welcome.

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