(Closed) Healthy German Shepered being put to sleep due to deceased owners will

posted 5 years ago in Pets
Post # 2
Member
9042 posts
Buzzing Beekeeper

If there has ever been a case to contest a will this would have to be it.

Post # 3
Member
1332 posts
Bumble bee
  • Wedding: May 2014

Ap2010:  Found an article from a few days ago (if others are interested): http://www.wtsp.com/story/news/weird/2014/12/17/indiana-dog-may-be-killed-under-late-owners-will/20565599/

My initial reaction, as a dog lover, and as an adopter of a then 9-year old GS dog is that it seems unfair to the dog.  The dog, listed as healthy (although at 9 years of age, old, as far as GS standards go) should not have to be put down – it can be rehomed, to a good family, that will take great care of it.  Any dog should have that opportunity really.

But, as the article progressed, it states that this dog in particular had aggressive tendencies, and according to a good friend, needed to be muzzled around strangers.  That changes things, in my opinion.  A dog that lived a good life, in a good home, should not live out its final days/years in a dog shelter because – IF found aggressive – MOST would turn down.  Or worse, get adopted and abandoned time and time again.

Yes, the will states her final wishes, and yes the dog is property at that point.  Perhaps the owner ‘knew’ what her fate would be if she did not write the dog needs to be euthanized.  Under that circumstance, I ‘get it’.  If the wish was based upon the fact that the owner never wanted any to ever own her dog after her untimely passing, then not so much.  But, right now, that answer is unclear.

 

 

Post # 4
Member
5224 posts
Bee Keeper

I think it is a shame that there isn’t a close family/member or friend that the dog fells comfortable with that would be willing to take him. I think those avenues should be explored before it is put down.

But yeah, if the dog is so aggressive that in needs to be muzzled, there isn’t much hope that it will find a new home, especially given its age. Rehabbing it would be damn near impossible.

It sounds like the dog will be looking at living a life in shelters terrified of everyone it comes into contact with. I can only hope that there is someone who knows the do that will step up to home it.

Post # 5
Member
9042 posts
Buzzing Beekeeper

OUgal0004:  Bridey77:  From the article it doesn’t actually appear that the dog is aggressive since the shelter people seem to love her and interact with her.

Why can’t the friend just take ownership of the dog and then surrender it to a shelter to be rehomed? 

We took in an aggressive blind cat that was to be put down and after time (and a lot of scratches) he has grown to trust us and is affectionate. He has even grown to be inquisitive rather than scared and defensive of strangers. Sometimes it is the animals environment that makes them act a certain way and not the animals nature. Take them out of the environment and they can become an entirely different animal.

Post # 6
Member
2455 posts
Buzzing bee
  • Wedding: June 2017

From what I gather (the articles are all over the place and lack consistency, which makes me question a lot of the story in the first place), there is a second option in the will to send the dog to somewhere in Utah. Somehow though there isn’t the money for that… Which seems odd, but I don’t know this place very well.

Post # 7
Member
9097 posts
Buzzing Beekeeper
  • Wedding: December 2012

Well, not exactly. The woman’s wish is that the dog be put down and cremated to be mixed with her ashes. But as of right now, that isn’t happening. The dog is at a shelter for the forseeable future and there is no time limit for the will to be carried out, so theoretically it can be carried out after the dog’s natural (or necessary euthenasia) death.

Post # 8
Member
9752 posts
Buzzing Beekeeper
  • Wedding: April 2019

I hope the family contest the will and someone gives the dog a loving home. Although to me, your dogs are your family so this is like someone stating a request in their will for their child or an ageing relative to be ‘put down’, especially if said relative has bad behaviour or other issues. It’s CRAZY to me!

Post # 9
Member
9752 posts
Buzzing Beekeeper
  • Wedding: April 2019

Hyperventilate:  I think that is a much better thing to do (wait until the dog dies naturally or if euthanasia is absolutely necessary in a case such as extremely poor health) than putting down the healthy dog now. The ashes being mixed together doesn’t seem that weird to me, but I do hope they wait until the dog dies without killing it unnecessarily to put the ashes together.

Post # 10
Member
9042 posts
Buzzing Beekeeper

Hyperventilate:  If only probate lawyers thought like you. The fact that they keep referring to the dog as prpoerty rather than an animal makes me think that idea would never cross their mind.

Post # 11
Member
9097 posts
Buzzing Beekeeper
  • Wedding: December 2012

j_jaye:  Sadly, pets are legally property and when in the realm of a will, they will be treated like property. But there are other aspects here to be considered which is why the dog wasn’t immediately euthanized and taken care of like the will states. Like I said, there’s no time limit on when the “requirements” have to be taken care of, so if someone treads carefully the dog won’t have to be put down at all. Until it’s necessary, that is, if it ever becomes a necessity. But I guess we’ll see what happens.

Post # 12
Member
7977 posts
Bumble Beekeeper
  • Wedding: July 2013 - UK

I don’t know how wills work in different countries, but they are not technically legally binding in England and Wales. We THINK they are, because very few people contest a dead person’s wishes. But they are not. The reasoning goes something like this:

– A person owns property.

– Once someone is dead, they are no longer a person.

– Therefore they can no longer own property or exercise their rights.

– In fact, their corpse actually becomes the property of someone else (usually- technically- the property of the executor of their will).

Because the deceased is no longer a person, they can therefore no longer own property. Their wishes may be taken into account in the disposal of their former possessions, but it’s not legally binding. Courts will generally try to respect the wishes of the dead if there is a difference of opinion amongst benefactors or executors. (I definitely know this is the case –  long story).

In this case then the clause seems pretty unenforceable to me, because it counts as animal cruelty (potentially? I think?). It is impossible to make an immoral or illegal contract (certainly in this country). For example, if a man pays a prostitute to have sex, and then she refuses, he is not legally able to ask for his money back, or to claim the sex in return for it. Immoral/illegal contracts are non-enforceable. This also applies to wills.

Now, I don’t know if the US has the same idea of immoral/illegal contract. However, if it does, then this is not only non-enforceable, it legally cannot be done.

That’s my reasoning….

Post # 13
Member
10852 posts
Sugar Beekeeper
  • Wedding: City, State

Fox news just did a piece on this.  An attorney in the dog’s state said that to euthanize the dog would violate the state’s animal cruelty laws.  So, there is hope.  It sounds like there are people helping him.

Post # 14
Member
5224 posts
Bee Keeper

j_jaye:  I think they should at least try to rehome it and see what happens. If it was me, I’d be sure to make arrangements for my animals(other than euthanasia), especially if I had a dog that could be a placement issue. I’m just saying that I’d rather see the dog put down that living out his last days terrified in a small cage. 

My Grandfather wanted the same thing done to his two cats actually. It wasn’t because they were aggressive, but because he wanted them buried with him. My Mom refused, and those cats lived a long time after he died. She didn’t have a second thought about not following his wishes.

sassy411:  “Fox news just did a piece on this.  An attorney in the dog’s state said that to euthanize the dog would violate the state’s animal cruelty laws.  So, there is hope.  It sounds like there are people helping him.”<br /><br /><br />

Awesome! If there are people willing to step and help him, then maybe he’ll find a new home where he can be happy. Some resues specialize in rehabbing difficult dogs.

Post # 15
Member
2564 posts
Sugar bee
  • Wedding: October 2014

If the dog truly is aggressive and a danger to others, that is a valid region to put him to sleep.  But reading the article it seemed like it could be a ruse to try and justify euthanizing him.  If the dog is not as aggressive as the lawyer is trying to make everyone believe,  they will have a hard time finding a veterinarian to actually do this.

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