[WSBAPT] Dog issue as separate property

[Joshua McKarcher]

This is horrible to say, in a way, but if you analyze it like the dog is a ring or clock, you should "get there." Who paid for the dog, can the funds be traced (if this is even a married couple; I cannot tell), and what did their will or what do the intestacy laws say about the dog.

Then at least you get to the correct legal starting point - the partner or his/her lawyer must acknowledge, unless they have hard evidence to the contrary, that the dog is the property of the decedent's estate and devisees/heirs.

Of course, from that "just the facts and law" starting point, compassion and proper treatment of animals can enter the picture (since the law doesn't "care," yet at least). From there, maybe even the "legally entitled" beneficiaries acknowledge the unkindness of separating these dogs and will relent.

But if they're unrelenting at the outset about "what the law says if you all end up in court," they are going to have a hard time getting to peace, I would surmise.

Good luck!

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Friday, July 8, 2022 7:40 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Dog issue as separate property

I need to inquire about anyone who has handled a dog issue in probate where the dog is separate property of decedent, but being kept by a partner after death, refusing to provide dog to the family.
If anyone has had this issue and was able to obtain "custody" of the dog for the grieving family, I would love to hear from you.
This is certainly a new issue for me.  By the way, there is a second dog that the partner is keeping as her own and the adult children are in agreement.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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