Pet Legal Q&A

Elinor D. Molbegott, is an attorney who maintains a law practice devoted to animal law. Elinor donates her time to answer questions from North Shore Animal League America supporters who would like to learn more about animal law.


Inheritance of a dog

Hi! My question is to confirm what happens to my dog if I die without a signed will in place. I am not married, so I believe my parents will take ownership of all my assets/belongings. Some legal articles online state that a pet is treated like the rest of the deceased's property, which means my dog will also go to my parents by default. Can you confirm this, please?

By |2023-05-19T13:03:35-04:00April 12th, 2023|

AKC papers

I bought a purebred Toy Australian Shepherd 8 months ago. The breeder told us the dog was papered and sold him to us at a papered price. She also took our address and said that the papers would be mailed to us. After months of not receiving them, I contacted her to find out the issue. She agreed to mail them again, but after more months, we still have not received them. So, I contacted her again to meet in person, which she has not responded to. What can I do since I paid the price of a papered dog?

By |2023-05-19T15:03:50-04:00April 9th, 2023|

Dog adoption from rescue out of state.

I got approved to adopt a dog from a rescue, signed the papers, and did everything required. I was told that the dog would be here on April 22nd. I had been in a wheelchair for a year, but now I am doing better and using a walker. However, they never asked how I'm doing now; instead, they asked what put me in a wheelchair. To my surprise, I saw my dog up for adoption. They kept my money and claimed that the dog is not safe with me in a wheelchair. I called them, but they won't respond. This feels like discrimination. All I want is my dog; we signed paperwork finalizing the adoption. My husband is here 24/7 to help with taking care of the dog. What can I do to get my dog back?

By |2023-05-19T15:07:41-04:00April 2nd, 2023|

Entrapment

I live in a mobile home park where we have a lot of strays. The people who live beside me are trapping them. One day, they had a cat in the trap for eight hours. I didn't know what to do. I wanted to release the cat, but I don't think it's legal to go onto someone else's property. Two weeks later, there was another cat in a trap. I just looked out, and they have set the trap again. I'm afraid they are going to trap someone's cat that is being taken care of but is allowed to roam. Even though all pets are supposed to be leashed, people still let them roam. Should I call the humane league? I love cats, and this breaks my heart.

By |2023-05-19T13:20:55-04:00March 22nd, 2023|

Demanding the return of an adopted dog.

Are there any legal loopholes through which a rescue can demand the return of an adopted dog if it can be proven that the adopter was negligent and put the dog's life at risk? The person adopted a dog and was told the dog is very skittish and not to take her out walking until she gets settled. The owner disregarded what was said, and the dog got out. The adopter never called the rescue to let them know the dog got lost (less than 24 hours after adoption) and made very little effort to find her (there are witnesses). I would like to know if that can be considered "abuse"?

By |2023-05-19T12:55:44-04:00March 21st, 2023|

My dog ran away, a year later we found him, but she won’t give him back.

A year ago, my dog got out of the yard while I was recovering from an accident where I lost my child. We searched for him but heard nothing. A year later, my dog groomer sent me a picture of him; someone had brought him in to get groomed. She informed the lady that she knows the owner and gave her my contact info. However, the lady did not contact me. The groomer provided me with her info, and I've been trying to contact her, but she will not respond. How can I get my dog back?

By |2023-05-19T15:05:29-04:00March 20th, 2023|

Adopted dog who ran away.

We are a rescue group who adopted a dog out to people who informed us less than 24 hours later that the dog escaped their fence. They have now stopped payment on their check saying they don't feel that they shouldn't have to pay for said dog. We have a signed adoption contract from them. Is this legal?

By |2023-04-24T12:38:23-04:00March 6th, 2023|
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