When owner dies, who if anyone, legally owns pets left behind?

Long story short my neighbor died leaving behind 2 cats I gave her years ago. I want to adopt them but having mixed issues from my neighbors sister. She offered to pay in full for the cats to see a vet, but only if she is happy with pricing. These cats need certain things and as future owner I'll pay for whatever they need. However, neighbors sister is telling me she owns the cats and must sign them over to me, yet when I said I'll pay in full for the cats vets care (to ensure they get everything needed) she said no your not allowed to pay she is paying. But she's giving a hard time now saying she thinks the price is so outrageous and may not want to pay for there vet bill. So I said I'll split cost and she said no you don't own them, and I have a feeling she just wants to put them to sleep and has been leading me on for months. She told me the cats are 8 they're almost dead and told me to my face " she doesn't believe in paying alot of money for animals", as if she is saying to me she doesn't want to pay anything for them except to kill them.

I have been going over everyday since my neighbor died to feed the cats and make sure they were ok, it's been nearly 3 months! At first I was laying out the money to feed them, then was paid back and was told to stop buying food they will buy. The point is without me the cats would have starved it was almost 3 weeks before they came to the house so only because of me the cats lived and only I can pick up the cats. I had 3 neighbors who can back me up that I have been caring for these cats for months taking my time out rain or shine.

My neighbors sister threw out the cats vet records and won't let me pay for anything as if she owns them. But I don't recall anything in the will that her sisters own the cats if she dies, her sisters don't even live in my state! They may own the house, but I feel the cats are more abandoned/strays because they live fully outdoors. So with that in mind, why can't I just take the cats to the vet myself, pay for them and say these cats are abandoned, and bring them home. I need to find out the law because this evil person I don't trust and I don't want her money. My family bought supplies for the cats and we want them, I'm tired if excuses she owns them when I kept them alive, I want my cats that I love!

I had this very thing happen with my neighbor and his puppy that was left.  In the eyes of the law, The cats are abandoned, if not provided for in the will, they are up for grabs.  Especially if the family does not want them and if the family is refusing to care for them.  Just take them and go to the vet yourself.  Go to your vet and not hers.  8 years old is not "about to die"... They could have 8 or more good years left!  And not wanting to pay a lot of money for just animals is an attitude that says "I don't care"... I don't really see what the problem is.  Just take them.  If she's not there to monitor, then just take them and if she asks, tell her you got it taken care of.  I thought you told her you were taking them.  If she knew this, what is she holding on for.  If it comes down to it, just tell your side to the law and that she is going to put them down anyway.  Tell them that you gave these cats to your neighbor and you would like them back and you had an agreement and now she is going back on it because she feels they need to be put down.  You don't want that.  The law will side with you.  I don't understand why you are so afraid of her?  She has no claim.  She gave them to you but you said she wanted to pay the costs of the vet, now she is saying she doesn't want to... They are still yours.  All she is saying is she is not paying for the vet now.  You have just as much claim to them as she does.   

Someone in the family is a lawyer and if I did take the cats I'm afraid they will threaten to sue since I go over with nobody there and I will be accused of stealing them. Even if they aren't going to do that, these cats will be living outdoors, all they have to do is put a list cat poster up, and someone sees the cat in my yard and calls it in, they will come here and try to get them mabye.

I am going to call the local shelter Monday and animal control and ask what the laws are, if they say the cats are mine or strays and anyone's, I'll take them. If I'm questioned, then animal control can back me up and tell them the cats are mine and if they harass me charges will be pressed.

That's a good idea or you could even call a cop or a lawyer yourself and give them your side and say they are abusing the animals by not caring for them.  Most of the time, they will go ahead and say they are your cats... They would here anyway, the one caring for them would be considered the owner by the police and by animal control.  But it's always good to be backed up.  You shouldn't be afraid of these people.  You were friends with your neighbor and you are concerned about the cats you put in her care and are just trying to do the responsible and right thing by them.  They are hindering that by terrorizing you and scaring you.  They know you are afraid so they keep doing this.  Just stand up for yourself and the cats is my advice.

I agree in not being afraid of them.  It you don't take them, you said they would be pts.  That is enough for me to take them right there.  I doubt they will make the effort to got to court to sue you.  Especially if they don't care about them.  Take them.  They deserve a loving home with someone who cares about them.

I agree with the advice above. Also, why would they SUE you so they could take the cats and put them down?

doesn't make any sense for them to go to that trouble. Sounds like more they are being controlling... yet not wanting to care for the animals.

Call up a lawyer or animal control, ask them what the legal status is. But possession is 9/10s of the law if they are not taking care of them (and if they live in another state how are they taking care of them? that means they are abandoned)

I don't want to scare you, but I would hire a lawyer. Your neighbor's sister had no right to tell you they are her cats and you can't have them. If she had such authority, she would be forced to prove it after hearing a lawyer is on your side. The truth is those cats are homeless strays now because you have chosen not to take them in your house and fully adopt them. You have as much right to the cats as your neighbor's sister. I personally would have adopted the cats and requested a restraining order for that woman so she can't see the them anymore.

I suspect that this situation has little to do with the cats anymore and it never has been about the cats for them.  They enjoy the fact that you fear them.  They enjoy pushing your buttons and controlling the situation.  They probably bullied your neighbor, too.  These are abandoned cats.  And if anyone has claim over them, it's you.  You need to stand up for yourself and take away their power.  If you want to do it legally, get a lawyer, usually for cases like this, they won't charge you especially if you just ask about the situation.  Or call a cop and have them take a report and give you their advice on the situation.  Animal Control might help but usually they only intervene if there are complaints and to take the cats. 

Were these cats microchipped?

I would go get them chipped in your name ASAP if not chipped.  Petco will do it cheap.

If you have records or can get copys and never officially adopted them out in first place(like contract/formal adoption) then they were being watched and not owned by your neighbor.

If you can line up a home then do that and chip them in new persons name in a totally different city.  You went ove the screen had popped or you left the door un latched.

The laws regarding animals as property varies significantly by which state you are in. There is a lot of information you need to find out before you take them, or yes, they could sue you (and believe me I have seen people sue over a lot less). First, do you know what was said in the Will specifically? The previous owner may have left a pet trust or an inclusive clause saying that EVERYTHING went to her sisters (in some states this is enough to include animals). I know they were previously your cats but if you gave them to your neighbor you technically relinquished all rights to them. So, I would look up your States Trust and Estate law, as well as the law regarding general animal welfare. Even if the sisters legally own the cats, you may be able to take them if there is a statute that protects them if they are not being properly cared for. 

Believe me I am on your side and it sounds like they should be with you but I would hate to see the side effects if you take them and the family pursues it. Above all, I would go over and try to negotiate with them. Have you offered to buy the cats from them? Try to find out exactly the value the cats have to them and what there plans are for them and then calmly explain what you can offer and provide. Just try not to get into a pissing match with crazy neighbors- it's not worth it! 

EB24 said:

The laws regarding animals as property varies significantly by which state you are in. There is a lot of information you need to find out before you take them, or yes, they could sue you (and believe me I have seen people sue over a lot less). First, do you know what was said in the will specifically. The previous owner may have left a pet trust or an inclusive clause saying that EVERYTHING went to her sisters (in some states this is enough to include animals). I know they were previously your cats but if you gave them to your neighbor you technically relinquished all rights to them. So, I would look up your state's Trust and Estate law, as well as the law regarding general animal welfare. Even if the sisters legally own the cats, you may be able to take them if there is a statute that protects them if they are not being properly cared for. 

Believe me I am on your side and it sounds like they should be with you but I would hate to see the side effects if you take them and the family pursues it. Above all, I would go over and try to negotiate with them. Have you offered to buy the cats from them? Try to find out exactly the value the cats have to them and what there plans are for them and then calmly explain what you can offer and provide. Just try not to get into a pissing match with crazy neighbors - it's not worth it! 

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This goes back to my advice about hiring a lawyer because every state is different.

Because the family is not taking care of the cats and does not want them to get any vet care, they obviously place no value on them and have another reason not to want the OP to adopt either cat.

EmilyMayWilcha said:

This goes back to my advice about hiring a lawyer because every state is different.

Because the family is not taking care of the cats and does not want them to get any vet care, they obviously place no value on them and have another reason not to want the OP to adopt either cat.

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Oh I agree with you completely. Was just trying to elaborate on which laws to start researching to get an idea of how to pursue if a lawyer isn't an option, or if OP wants some background before going that route. 

Any updates or news Bugmankeith???  We are all anxiously awaiting the outcome of this!

Yes finally.

I called my neighbors relatives and they agreed to let me take the cats to the vet and they will pay for what they feel necessary. As a backup I had my credit card with my money I saved for months in case they did not want to pay. They ended up calling the vet ahead of time with credit card info and to call them for prices.

I bought the 2 cats in luckily I didnt have trouble getting them into carriers, my Dad went with me as backup just in case any problem arose. The cats were a little scared but otherwise friendly and were exploring the vet room like it was no big deal and eating treats off the counter.

The vets examined both cats. Both had great temps, weight was around 7-8 pounds but they are small cats so not bad, there hearts sounded ok which is good because I think they are runts and I was hoping nothing was wrong with there hearts. There teeth do have light brown tartar all over so that is probably why they have been drooling and bad breathe, they are going to get a dental cleaning and be boarded for 2 days to recover I gave the vets there favorite food so I know they will eat while they are there. I ended up paying nearly $1,000 for all the dental work and testing for internal parasites like worms. I know my neighbors family would not have paid for it so by me paying I knew it would get done, all they have to pay is for the visit, ear cleaning, and whatever vaccine boosters they had which is probably around $400 the most.

I havent spoken to the family yet but they should not be mad the cats are healthy and shame on the one who said the cats are ill and almost dead and not worth paying for, the vets heard that and couldnt believe anyone would say that!

So long as everything goes well with the cleaning and they are worm free, next challenge is to hope they stay in or near my yard to eat because I cant feed them at there old house anymore, they will have to not be scared off by my other strays.
 

That's good they've gone to the vet and are in good shape!  I see no reason that you need to contact the family from this point on.  If they really want to know, they can contact you, I would think!  Just get or make them an outdoor enclosure to keep them safe and away from the old yard for a month or so until they get used to being fed in your yard and the other ferals out there and are accepted by the colony..... Good job.  No need to have to deal with those people.  It's not their problem and they haven't shown much concern for the cats well being.