[Dave Combs]

What to do when owner dies and his bitch is pregnant?

A very close friend of mine unexpectedly died last week, but we had just done a repeat breeding with our dogs. I don't know if she took as the last tie was Tuesday and he died on Friday.

Has anyone dealt with this before?
Anyone know how the AKC will handle it or if there's something that needs to be done before the pups are born?

 

[Trevor Toberny]

sorry to hear about your friend and good luck with this situation.

 

[msdaisey]

I co owned a dog with a friend who died, and had to get his wife, who had the Power of Attorney, sign him over.

Long process. Good Luck!

 

[Lady Duck Hunter]

First, I am very sorry to hear about your friend. My codolences to his family and friends.

I am not an attorney but I believe that whomever is his heir will inherit his dog. Then it is a matter of contacting AKC to get proper papers in the new owner's name and after the puppies are born, getting the litter registered.

 

[Trevor Toberny]

I know this sounds bad but would you have to have a death cert sent to AKC to show he has passed to have the dog title to be transfered with out his signature.

 

[ErinsEdge]

go to akc.org, and under downloadable forms-Statement of Legal Rights. If notarized and filled out properly it should work for a deceased person.



FYI: To grant power of attorney for your dogs there is a form for that to send to AKC also-power of attorney authorization.

edited: Well, if Keith says it won't work, I guess it won't. It does say something about checking if executor will or won't be appointed.

 

[K G]

It can't be done until the estate is settled. Easier if there is a will, not so easy if there isn't. Dogs are "real" property. Their ownership is verifiable by their registration. The AKC will follow whatever the executor (named in the will) provides with regard to what the will says. Sondra and Vicki are pretty much on target.

If the man died intestate (without a will), the pups (if the litter took) may not be registerable for a long time. Hopefully that isn't the case.

One more good reason to have the "five indispensible pieces of life paperwork" in a safe place.

Sorry to hear about this, Dave.

KG

 

[msdaisey]

Keith - If the wife co owned the dog, don't you only need one signature of the owners to register the litter? Maybe she did . . if he was married.

 

[jeff t.]

I co-owned a dog with a friend. When she died, the executor of her estate (her husband) followed the procedures outlined below and ownership was transferred as needed.

http://www.akc.org/about/faq.cfm?page=5#deceased

* My husband is now deceased. What do I need to do to get the dogs transferred?

*Assignment of Legal Rights by "Letters Testamentary":

When a person dies, a court may appoint an Executor or Administrator of the Deceased's estate by creating a legal document entitled "Letters Testamentary." The AKC will need a copy of this document and the date of death to establish who should sign for the deceased.

How a Court-Appointed Executor Signs:

Printed name of the deceased (Deceased)
per: Signature of Executor (Executor)

For example, if Joanna Reeves died and the court appointed Melvin Thomas as the Executor of her estate, he could sign all AKC papers for her once the Letters Testamentary were filed with the AKC, as follows:
Joanna Reeves (Deceased)
per: signature of Melvin Thomas (Executor)

*Assignment of Legal Rights to the Next of Kin:

If the court does not appoint an Executor of the estate, the next of kin will be the executor of the estate. A "Statement of Legal Rights" form signed by the next of kin and notarized will be required for the next of kin to be able to sign for the deceased. Once the next of kin has completed and returned the forms, he/she may sign for the deceased on AKC papers. The manner of signature is exactly the same as with a court-appointed Executor, except that instead of following his/her signature with the word "Executor," the relationship to the deceased is indicated.

For example, if instead of Melvin Thomas being appointed by a court, Joanna's brother, John Reeves, became the executor of her estate, he would need to complete a "Statement of Legal Rights" form and would sign as follows:

Joanna Reeves (Deceased)
per: signature of John Reeves (Brother)

 

[Patrick Johndrow]

It can't be done until the estate is settled. Easier if there is a will, not so easy if there isn't. Dogs are "real" property. Their ownership is verifiable by their registration. The AKC will follow whatever the executor (named in the will) provides with regard to what the will says. Sondra and Vicki are pretty much on target.

If the man died intestate (without a will), the pups (if the litter took) may not be registerable for a long time. Hopefully that isn't the case.

One more good reason to have the "five indispensible pieces of life paperwork" in a safe place.

Sorry to hear about this, Dave.

KG

Best advise.


Sorry for you loss

 

[Steve Hester]

Dogs are not "real" property. Dogs are personal property.

:roll: Real Property refers to Real Estate.

 

[Dave Combs]

Thanks all - John was a great man. I often referred to him as my adopted grandfather. Sure gonna miss him.

Anyway - I'll give his wife the info when the time is right.

 

[Patrick Johndrow]

Dogs are not "real" property. Dogs are personal property.

:roll: Real Property refers to Real Estate.

Not putting words into Keith' mouth but I read it to say "real" property not "real property"...maybe better said "really" property in the eyes of the court will have to go through probate unless there is a will listing real property and personal property. Check New York State Statutes…should be available online.

 

[K G]

What Patrick said...sorry for the confusion, Steve. The fact remains that their possession/ownership will still be determined by the will/executor....and Sondra, you are correct. The AKC has a pretty good track record for transferring ownership to the surviving spouse.

kg