Legal Question in Wills and Trusts in New York

What About the Cats?

While awaiting letters and subsequent disbursement of estate properties from NY, I have possession of personal property in my Texas home, and am caring for deceadant's cats who will likely become mine. My sister, only other heir of our mother who died last Oct., says she doesn't want them, and I promised my Mom just before her death that I would take care of them.

At least one cat is ill, and there've been integration issues with my cats. So far I've used estate money (from joint account with deceadant until I get letters and can set up a separate estate account) for first vet bill, while I've been paying for food & litter, etc. myself.

At what point are the cats considered to be distributed, from the time I receive them or from the time other personal property is distributed or at some other time? What expenses for their care belong to the estate and what expenses belong to just me?


Asked on 1/16/08, 6:17 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: What About the Cats?

Q. At what point are the cats considered to be distributed, from the time I receive them or from the time other personal property is distributed or at some other time?

A. At the time you received the cats.

Q. What expenses for their care belong to the estate and what expenses belong to just me?

A. Since the cats were distributed to you at the time of receipt, no expenses are paid by the estate. If you would have refused the gift, then the estate would have been responsible for the cats.

Mike.

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Answered on 1/16/08, 6:37 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: What About the Cats?

My sympathies on the loss of your Mother and my respect for honoring her wishes concerning her cats.

If you had a joint account with your Mother, that money is considered yours now by operation of law UNLESS you held title as tenants in common.

It is not part of the Estate. Use it to care for your Mom's beloved pets.

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Answered on 1/18/08, 10:17 am


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