Who gets the dog?
My husband's aunt recently passed away and she had a pomeranian that she got from us about a year ago. We purchased him for 350.00 and she begged us for a while to let her buy him. We always declined, but then we had to move so we decided to sell him to her for 100.00 with the strict understanding and agreement that we get him back if anything should ever happen. We did not think to draw up a contract because we didn't think we'd have a problem since it was family. Well, now her sister has the dog and refuses to give him to us. I do have vet records proving he was at one time our dog. What do I do? Do I cut my losses or do I have a reason to pursue this further? I don't want to upset anyone, but this was the agreement and the dog should rightfully be ours. Shouldn't it?
Answer:
It's terrible that you and your husband have fallen into this predicament. I seriously believe you should pursue this matter in court. I don't know how your feelings are towards your husband's aunt but it appears your relationship has changed for the worse. You should contact your lawyer as quick as you can and see what can be done. Good luck!
Morally? Maybe.
Legally? No. You have no proof that the dog was meant to go back to you in the event of her death (unless her will addresses it.) The court will consider it sold.
Otherwise, if the dog is happy with the sister, leave him be.
EDIT:
If the dog is being mistreated, you still don't have cause to get it back in court, but I think you should buy it back from the sister.
That is unless, when push really comes to shove, you DON'T care how it's treated and it really is just something to fight over.
yes the dog should be yours and you should persue after it.
Her sister has the dog. Let her sister keep the dog. It is likely so special to her as a remembrance of her sister that passed away.
In the Temple of relatives who should get the last say in things like this..I would say, the sister does over a nephew.
Sorry, whether or not you can prove you had the dog before means little. If you do try to force this issue, you will likely come across as being insensitive and crass.
Just be happy the dog is being cared and loved for..and you are making a sister in mourning very happy. Sometimes, money means nothing in matters.
cut your losses and bail..you lost
Who gets the dog?
does it matter who gets the dog so long as it is treated with love and care?
You "sold" the dog already, let by gone be by gone.
Legally, the dog was part of the aunt's estate and should have been disposed of during probate.
If you had had a contract, you could have filed a claim against the estate for the dog as you would have had a security interest in the animal.
As you had no contract, the disposition of the animal is governed by either the will (if there was one) or intestate succession of the state where the aunt died.
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