When Emma the Shih Tzu’s owner died, the dog’s fate was already written. The owner, who’s identity hasn’t been revealed, left specific instructions in a will to have the dog put down and buried next to her when she die.

According to Chesterfield County Police, the owner was found dead in her Richmond, VA home on March 8th, and her dog Emma was taken to Chesterfield County Animal Shelter. She remained there for 2 weeks.

Authorities said that on March 22nd, the executor of the estate went to the animal shelter to pick up Emma and carry out the request. The shelter staff asked the executor to sign the dog over to them so they can get her adopted but the executor declined.

Unfortunately, Emma was taken to a local vet and put down, per owner’s request. She was cremated and her ashes were placed back in the hands of an authorized representative of the state.

CBS reports:

“This is kind of a failure on a couple parties’ parts,” Amanda Howell, staff attorney with the Animal Legal Defense Fund, told CBS News. “First, there’s the person who is deceased, the owner.” Howell said it’s not uncommon for pet owners to make arrangements for their animals in their wills, but the proper thing to do is to create a pet trust — not to euthanize them. 

Howell said the executor and veterinarian who carried out the request to euthanize the dog are also blame. Howell said the executor should have asked a judge for guidance, instead of blindly following what was written in the dog owner’s will. “Usually judges refuse to enforce these provisions [in wills], even in states that have not passed laws banning them,” she said. 

A judge likely would have ruled to have the dog put up for adoption. “This is an example of a completely needless killing of a healthy dog. Emma could still be around, living a happy life, bonding with a family,” Howell said. “Moving away from treating animals like property is a really big step for ensuring these types of provisions in wills are not enforced.” 

“[Pets] are individuals, they’re not your CD collection,” Howell said. 

While euthanizing a healthy dog is one ethical issue, burying a dog in a human cemetery is another one. Emma’s owner requested this happen, but it is illegal to bury pets in commercial cemeteries, according to the Virginia cemetery code.

It is unclear which vet euthanized the healthy dog, or if Emma has already been buried with her owner.

What do y’all think? Should someone have stepped in to prevent this from happening or was everyone right to honor the owner’s wishes. Leave a comment below.

Rest in peace sweet Emma.