Who gets your pets if something happens to you?

If something happened to me, my DH or stepson would take Sniper. If, god forbid, we were all involved in a horrible accident, my sister and her DH would snatch Snipe up in a heartbeat. My parents also adore Snipe, so if my sister didn't get her first, my parents definitely would! So I think she is all set.

 If something happened to me, my mom would take Teenie. Emma would be humanely euthanised. My mom has agreed to take care of that, should the need arise.

Just out of curiosity, how many others out there have dogs bound to a "first right of refusal" contract?  I know pretty much any decent breeder does this, and my understanding is that the dog goes to them first, before any other family member or friend.  That's how it is for my Kenya.  She goes back to her "Grandma" before even my own husband.

I'm hoping my next dog will have that. It would ensure the dog's safety, in case of any sort of craziness. Mine didn't come from breeders. Next time, I hope to do it differently, with a good breeder and a healthy dog.

From what I've read most responsible breeders do include that, and now that I'm thinking of my pets being homeless if something would happen to both DH and I, I'm really wishing that something like that was in place for them.  But many people have dogs that didn't come from good breeders, they my have come from shelters, other friends/relatives, BYBs, petstores, or may have been strays.

Does anyone have any thoughts on what can be done if the owners don't know anyone who will take them?  The only thing I can think is that they end up at a shelter.  Are there other options?

TheDogHouseBCMPD

From what I've read most responsible breeders do include that, and now that I'm thinking of my pets being homeless if something would happen to both DH and I, I'm really wishing that something like that was in place for them.  But many people have dogs that didn't come from good breeders, they my have come from shelters, other friends/relatives, BYBs, petstores, or may have been strays.

I'm really just wondering b/c in some other threads here and on other forums people were angry about rescues claiming first right of refusal (ie, the Ellen Degeneres incident) and I noticed a few of the people making those complaints had purebred dogs from breeders who do hold first right of refusal (I e-mailed/checked their web sites to be sure).  Apparently it's something even those who do have purebreds from breeders need to remember.  If you signed that contract, you can't give your dog away or will it to anyone else.

Our second dog is a rescue and the rescue also holds first right of refusal for him, though if DH died he would stay with me and vice versa because we both applied for him.  If something happened to us both, I would hope that my parents would be interested in him, but it would be the rescue's decision. 

I think a lot of dogs here are either shelter dogs or personal rescues. My sister basically stole Cherokee out of someone's yard. She was obviously neglected and abused. There's no return contract there.

I know SOME shelters have contracts and whatnot, but do most? My sister got her dog from the SPCA and signed a contract about returning him...but when the need arised a few months ago to think about rehoming him, taking him back the SPCA wasn't an option. He'd already spent a year cooped up in a cage there, and now he was nearly 4 years older... The SPCA would give him very little chance of finding a good home. She ended up keeping him anyway...but I'd search long and hard for a home for him before letting him go back to the SPCA, and so would my sister. Is that wrong?

chelsea_b

I think a lot of dogs here are either shelter dogs or personal rescues. My sister basically stole Cherokee out of someone's yard. She was obviously neglected and abused. There's no return contract there.

I know SOME shelters have contracts and whatnot, but do most? My sister got her dog from the SPCA and signed a contract about returning him...but when the need arised a few months ago to think about rehoming him, taking him back the SPCA wasn't an option. He'd already spent a year cooped up in a cage there, and now he was nearly 4 years older... The SPCA would give him very little chance of finding a good home. She ended up keeping him anyway...but I'd search long and hard for a home for him before letting him go back to the SPCA, and so would my sister. Is that wrong?

Our shelters do not have any such contract, but the cat/dog rescue does.  My Coke, Kenya, and Posh are all under these clauses but Marijke and Beckham are not (Marijke would go to my parents and Beckham would go to a friend who I lived with when I got him).  Of the five, Kenya is the only purebred that's not from a shelter or rescue, the rest of mine are rescue/shelter adoptions.

Again, I'm not saying they should, I'm just saying that I was surprised to see people that DID sign contracts speaking out against them (when rescues use them) when they themselves had signed them for their dog.  There were some threads on the Ellen Degeneres incident here and on a GSD board and people were freaking out about that rescue reclaiming the dog after Ellen and Portia had re-homed it.  I know what dogs a few of these people have and where they came from and was able to verify that they signed contracts giving the breeders the first right of refusal.  That's why I mention it here.  Apparently some people don't remember doing this or were tricked into signing these contracts?  I can't think of a good reason why someone would sign one and then speak out against them later on....

Our rescue has a right of first refusal and I spoke to them about it because there is no way I would return Wesley to them - they are already over-burdened, he is not a dog that could be re-homed (I am not sure they should have adopted him out in the first place - but that is a different story for a different time) and he is probably not a dog that most, if any, of their volunteers have the resources to deal with. 

We signed a contract but in the end, regardless of the contract, the best interest of the dog is most important for all parties.  The difference between a breeder and a rescue in this situation is resources - a good breeder has the resources to take back a dog under emergency conditions and the probability that they could do right by the dog, assuming it is a good and reputable breeder is very high.  There are some small, selective rescues that are an exception I am sure, but most rescues are probably not the ideal choice for many dogs, including families with multiple dogs that need to stay together, or a dog with issues... 

I would suggest that if someone really believes it is in the best interest of his/her dog not to go back to the place that has a right of first refusal, talk about it now - if there are compelling reasons, you can get out of that part of a contract... Our rescue does not want Wesley back, ever - and I know that are psyched that they placed him with people who are thinking ahead and are proactive in making sure that he will be provided for no matter what.  A rescue or a breeder can  pre-approve a home that you select in the event something bad were to happen...

Liesje

Just out of curiosity, how many others out there have dogs bound to a "first right of refusal" contract?  I know pretty much any decent breeder does this, and my understanding is that the dog goes to them first, before any other family member or friend.  That's how it is for my Kenya.  She goes back to her "Grandma" before even my own husband.

My husband and I are listed as owner and co-owner, so DH will get them before the breeder if something happened to only me. Ripleys breeder verbally told me that she would probably be ok with them going to my family if something happened to me, but that she'd want it run by her first. I totally understand, a good breeder feels responsible for her pups their whole lives, and like I said, I'm not certain anyone in my family would take them, so it's nice that they have some place to go if (god forbid) that ever happens.

 My only problem with the Ellen situation was that the rescue seemed to not even try to evaluate the home the dog was re-homed to, to see if it could work before removing the dog. It was like they didn't care about bouncing the dog around just to prove they were right. The breeder or rescue is just going to turn around and rehome the dog again anyway, so it would seem to be in everyones best interest to try to make the new home work, unless it really is a bad home. The purpose of the contracts, especially with rescues, imo, is to keep the dogs out of shelters. If something happened to me, and my ex or my mom took my dogs, I would not expect the breeder to come demand them back....she certainly could, I would not expect it. If something happened to me and no one stepped up to take my dogs and they were headed for the shelter, or if my mom took them and then chained them in her yard for instance, I would expect her to step in with contract in hand.

huskymom

 Great advice Callie.  One question though... if you just put Surviving Pets... what if you have more than one home taking your pets?  Like some others here have mentioned, one person takeing this one, another taking that one...

You don't put it IN the will.  If  you need to say Dog A goes to X and Dog B goes to Y ... you do it in a codicil.  A piece of paper you write out and attach to the will.  Then, you will have to be faithful to change that codicil as you change dogs or as your friends lives change. 

A will is a long-lasting document -- so you don't want to have to change your will (like $300 or more) just because you re-homed a dog or because your girlfriend's new boyfriend is a total idiot and you don't want Fifi going to them.  The codicil can be changed. 

Just like you don't leave your computer or your new racing bike in a will -- you don't want to have to change your will because your hard drive died.    Make sense?

2shelties

 My only problem with the Ellen situation was that the rescue seemed to not even try to evaluate the home the dog was re-homed to, to see if it could work before removing the dog. It was like they didn't care about bouncing the dog around just to prove they were right.

I thought I read that the new family never applied with the rescue and that they said they would have been more than happy to consider the application?  Also, we don't know that the dog was good with kids.  At any given time, about half the dogs at our shelter are listed as not being good for families with young kids.  I'm sure there are reasons why Portia and Ellen were accepted and others were not.  It seemed like Ellen was the one that turned it into a huge issue anyway.

The breeder or rescue is just going to turn around and rehome the dog again anyway, so it would seem to be in everyones best interest to try to make the new home work, unless it really is a bad home. The purpose of the contracts, especially with rescues, imo, is to keep the dogs out of shelters.

Depends on the breeder.  Kenya's breeder hand-fed all the pups in Kenya's littler since day two (their mother stopped producing milk and was immediately spayed after the condition was discovered) and all the GSD people who knew her were amazed she kept them all alive.  She loves her dogs like her own child and Kenya is very special to her.  Kenya is four years old, that's how long it took her to find the *right* home for her. If I had already had other dogs, or had children, or even more of a social life, they would have passed on me as well.  I think the *main* purpose is to keep the dogs out of shelters, but also to keep the dogs in the most appropriate home.  I don't doubt there are hundreds of thousands of families that would treat Kenya well and spoil her, but they probably aren't the right families for a dog that is of pure working lines known for high intensity and drive.

DH is Kenya's co-owner for both of her registrations, but she would most likely be returned if I died.  Me, DH, and the breeder all understand this.  He loves her and he can properly care for a dog, but he doesn't know how to (or really have any interest in) working her the way that she needs in order to be fulfilled.

Who knows what is really true with the Ellen thing...I had heard that the rehome family did apply with the rescue after they found out the dog was not supposed to have been given to them, and that the rescue staff arranged to come over for home visit but instead showed up with the cops and took the dog.

 As for my own dogs, I really don't have a problem with them being returned to the breeder if something happens to me, but I would hope that she would consider letting them stay with someone they know, like my ex, who would have my kids. Unlike with Kenya, my boys breeders haven't seen them since they were eight weeks old, and I feel sure they would just be rehomed to another pet home. I understand that alot of breeders are more involved though, especially w/ show/performance dogs.

Callie, great info on the legal footwork required to "do it right" (and cheaply)!

As for Rascal... I'm guessing he came from a good breeder. He looks exactly like the breed standard to my uneducated eyes, my mother had to go through a lengthy interview process (she once complained papillon breeders were "like a cult," lol), he wasn't sold until he was 10 weeks or more, and I know the breeder called at least once to check up on Rascal and see how he was doing after he went home. *However*... I have no idea who the breeder was, or if there was a contract, so while I'm guessing he was under a "first right of refusal" sort of deal, how the heck are they going to enforce it? And how the heck am I supposed to know about it, or how to contact them to get "permission" to keep the dog now that my mother died? I even emailed a few papillon breeders in the area with his birthday and a picture, but none of them had any litters around that time. And I think my mother had him AKC registered for kicks so I theoretically could trace the breeder down that way, only I don't know where his papers are or what his registered name would have been, so.....

Basically, unless you're dealing with a high-profile adopter like Ellen DeGeneres, are those "return to previous owner first" type contracts really that enforceable?

Rascal's going to my BF's mother if I kick the bucket. She's not a "dog freak" but is a loving person who enjoys animals and she knows Rascal and all his quirks quite well. I'm definitely going to provide financially for the dog in case of my demise, because I can bet you anything there would be some expensive trainer bills involved in getting the poor little bugger back to a normal dog after having his second owner shuffle off this mortal coil!

Edit: Don't forget how important it is to talk this issue over with everyone involved. For example, my mother insisted that her BF was going to get Rascal if she died. While BF loves the dog, he does not have a dog-friendly lifestyle, and never agreed to take the dog in. It's best to resolve issues like this before it becomes necessary and to have a set plan in effect so family members don't have to stress about animal care during an already stressful time.