Happy Cat nonprofit sues daughter of founder, Christopher Arsenault, over sanctuary property after fire

The nonprofit that operated the Happy Cat sanctuary has sued its founder’s daughter for control of the sanctuary property in Medford after the founder and more than 150 cats were killed in a fire there last month.

The nonprofit, Happy Cat Inc., is asking for a judge to order Kristen Arsenault, 38, of Port Washington, to turn over any assets, including the property that housed the sanctuary, in a trust established by her father, Christopher Arsenault, 65, that directs those assets to go to the nonprofit in the event of his death.

Christopher Arsenault was killed in the March 31 fire at his home on Dourland Road in Medford where he ran the sanctuary and cared for about 400 cats. The fire also killed approximately 158 cats living in the home and enclosures.

About 260 cats escaped the fire and were later rescued by Happy Cat volunteers and other rescue groups.

In the lawsuit filed Wednesday in Suffolk Supreme Court, the nonprofit asks for the Medford property, all bank accounts and investments of the trust and any cats Kristen Arsenault may have in her possession to be given to the nonprofit.

A trust Christopher Arsenault had drafted in 2023 designates his daughter as the sole trustee to administer his estate. But the trust also instructs the daughter to "pay and distribute the remaining Trust Estate, including all accumulated income and principal of the Trust, to Happy Cat Inc."

According to a copy of the trust included in court papers, the trust says: "In the event that either Happy Cat Inc. or sanctuary is not in existence at the time of the settlor's death ... the trustee shall pay and distribute the remaining Trust Estate ... to the Settlor's daughter." 

The lawsuit also alleges "the trust may have other assets which are unknown" to the nonprofit and that Arsenault "has not acted in compliance with the terms of the trust and is hostile" to the nonprofit.

The nonprofit’s attorney, Steven Stutman, said in an interview: "We’re seeking to enforce the terms of the trust and whatever property Happy Cat is entitled to. ... Unfortunately Chris died in a tragic manner and the property in the trust should be turned over to Happy Cat and any possible funds."

Kristen Arsenault said Wednesday in an interview that she was unaware of the lawsuit and had not been served legal papers. She said she has not restricted access to the property and did not have possession of any of her father’s cats. Volunteers say a few cats may remain on the property.

"I’m the trustee and fiduciary and in control of his assets, so anything goes through me," Arsenault said.

In a statement she issued last week, Arsenault said she does not control assets of the nonprofit and has not frozen any funds. She said there are no funds in the trust except for what may come once the Medford property is sold.

That property is considered unsafe by Brookhaven Town officials after the home was destroyed in the fire.

Arsenault said she has submitted a complaint about the nonprofit with the state attorney general that is under review and "initiated legal proceedings to protect the property and animals under the trust’s care."

"This is not about personal control or ego," Arsenault said in a statement last week. "It is about ensuring the sanctuary my father built — and ultimately gave his life for — is not dismantled by opportunism or mismanagement."

Arsenault also requested the GoFundMe organization place a hold on withdrawals of a fundraiser by the nonprofit that has raised more than $837,000. GoFundMe officials said the account remains active and is being directed to the nonprofit. Arsenault also established a separate fundraiser that has raised about $8,000 in the past 10 days.

Arsenault argued that the nonprofit did not have a formal board in place, which would nullify any provisions in the trust. She said she has asked those "claiming to be board members" to provide legal filings and an accounting of fundraisers and cats rescued, transferred or euthanized.

Volunteers, who have identified themselves as board members, have been working to trap and rescue cats on the property before they were transferred to a Holbrook warehouse and screened for medical treatment. The lawsuit is also signed by the vice president of Happy Cat Inc.

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.