Care of my Deceased Mum's Dog. Can I claim the cost back from Mum's Estate?

[JohnStone]

Dear Beagles,
I am at my wits end and probably about to go bankrupt. Since September 2011 when my Mum passed away I have been wrangling and arguing with my brother over her Estate and the care of her little Dog of ten years Benji. When Mum died she left a Will and made myself and my older brother executors, I handled all the arrangements of Mum's funeral and wound up all her affairs I also took Benji into my home thinking that my Mum's wish (not mentioned in her Will), that Benji come live with me and that he would by agreement with my brother be financially taken care of, due to my lack of funds. Mum's Bank account is now frozen and until I can get my brother to agree to a care package for Benji, we will have no agreement about finishing the Probate claim I have registered. Benji was not left to me in Mum's Will and all it said really was that I and my Brother split her assets 50-50, but, I think that Benji should be taken care of from Mum's estate before any money is divided up.

There is a lot more to this story but to keep it short my question is this:- Can I make a claim against Mum's Estate for Benji's care which now amounts to over £1000 a year, due to him being quite ill now? Bearing in mind that Benji forms part of Mum's Estate and was not left to me in her Will so I would think in Law he is not my responsibility other than an emotional one. I want Benji to continue to live with me but I cannot afford his care and do not think it is fair that I have to use my proportion of Mum's Estate to pay for his care.

If I can make a claim for Benji's care, how would I do this and how expensive might this be?

Thanking you in anticipation.

John

[Eloise01]

Re: Care of my Deceased Mum's Dog. Can I claim the cost back from Mum's Estate?

I can't see how you can make such a claim - your mother left a will and made her intentions clear, and much as I sympathise with your position (I have two dogs) she did not think to make provision for Benji in her will. I do not see how you can force your brother to contribute to the care of a dog that is also not his responsibility. All I can see in the future of this is a potential family row that will be difficult if not impossible to mend. If you refuse to complete the probate, your brother could end up taking legal action against you and have you removed as an executor. In legal terms, Benji is not a person and has no claim against the estate - he is a "thing" and part of the estate, like furniture and old clothes.

Have you investigated other sources of help for Benji - if you receive housing benefit or council tax benefit, and there is a local PDSA centre, you may get veterinary help. It isn't free but it is at much reduced costs.

I do appreciate the problem you face. As I said, I have two dogs and my friends laugh at me because they are in the will. Everybody not only knows my wishes, but those wishes are locked down in law. If they are unable to be re-homed within the network of family / friends, they are part of the Dogs Trust Canine Care Scheme which will ensure that they are looked after for the rest of their natural lives if a suitable home is not found for them.

[CleverClogs]

Re: Care of my Deceased Mum's Dog. Can I claim the cost back from Mum's Estate?

Benji was not left to me in Mum's Will and all it said really was that I and my Brother split her assets 50-50, but, I think that Benji should be taken care of from Mum's estate before any money is divided up.

Terrible as this might seem, Benji is not a dependent under Mumsy's will but an asset or an item of property belonging to the estate.

As it seems likely that neither you nor your (equally horrible?) brother would be able to decide on a value for that winsome mutt. perhaps you should use the traditional way of settling such disputes by having the dog cut in two, lengthwise, so that each of you may receive half?

[enquirer]

Re: Care of my Deceased Mum's Dog. Can I claim the cost back from Mum's Estate?

As previously stated, the dog is property. Given that the estate was divided 50:50, then it is a matter of arrangement who has the dog. No provision was made with regard to the dog in the Will.

Whoever has the dog accepts the responsibility and therefore the cost.