WHO DO YOU THINK IS RITE

I wish my clients would come to me with cases like this. Here in the US, I would take the new homeowner's case on contingency. When you sell a piece of property here, you get title to any item, fixture, find, etc on the property. That is what a warranty deed does. It transfers ANY and ALL interest you have in the property to the new owner.

I would love this case... Fight in court for 3-5 months... Summary Judgment motion... get my customary 1/3 for collections...

Steve
 

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I agree, The new home owners had the legal rights to the loot (depending on the real estate contracts signed @ time of property sale). I think the judges decision to rule with the previous owner was based off the greed of the new owner. I feel that the new owners would benefit to appealing this case to a higher court.

Just my .02 cents ;D
 

People just don't know how to keep their mouth shut when they find money, jewels or other riches. I've read many stories like this over the years and always ask myself the same question...why did they tell?

Honesty is one thing, but looking out for your own financial future is another.


Night Stalker...
 

stormtrooper... remember, that case took place in Canada. They do wacky things up there ;).

Night Stalker... its human nature to blab, unfortunately. And once you tell 1 person... even if you swear them to secrecy, the secret is out.

The only way to keep a secret between 2 people is to kill one of them. lol

steve
 

ERINS said:
Jean Weitzner's husband died in a fire........
...........a fire extinguisher packed with big bills.
Click to expand...

Anyone else see the irony?

Bit sad-but when you don't tell your wife about 130k theres some serious communication barriers there.

Would be a very hard case for a judge and I reckon it would depend on who's got the best lawyers to 'make their case'.

Just my 2 bob!


Have fun,
Salvager
 

salvager, as for the tough call for the judge, here in RI, it wouldn't be much of a question at all. The judge would look at the deed to the house and see if there were any clauses, restrictions, or reservations of any interest in the property. If there are none, and the deed grants "all right title and interest" in the property, than the new owners own it.

Even if there was a restriction in the deed, the policies of abandonment would come into place.

As for not telling your wife about the money... My grandfather passed away of a heart attack last year. When we started looking into my grandmother's assets, (she thought she had about 10K in the bank, and the house they owned (paid off), we discovered that my grandfather hid away a lot of money. We'll never know why, but we think that he expected my grandmother to go first. When all was said and done, we found 7 bank accounts and some cash. The bank accounts totalled about $150,000.

steve
 

It's obvious that the husband didn't want his wife to have the money. What about his wishes? In my book the new owners should get the cash. I would hate to buy 1000 acres of land then have to give the previouse owners the money for the Walnut trees that I happen to sell, gold from my creek, sunstones from my dig and yes, cash in a mason jar. If they would have found just $1000.00 and the lady sued them - the court would have told her to fly a kite. If I sold a piece of property with hidden cash - I hope I would never find out. I would be really sad but in now way would sue for it.
 

This is really sad. But good points brought up by everyone.

Me i would have kept my mouth shut. I really think the previous owner really showed her greed, I mean come on she is 89 years old she sold everything else the husband had, it doesn`t sound like she was desperate or needy.

Knowing me, if i fought it to the end and still lost there would have been an accidental fire and the cash would have been destroyed then i would have given the bitty the ashes and melted silver.

HA just had a thought (PLEASE NO RELIGIOUS REMARKS THIS IS SAID IN FUN) it will be ironic if when she passes and strolls up to the pearly gates for her there will be an entrance fee of 1 penny and we all know u can`t take it with ya, it would serve her right.
 

I'm too lazy to read all the replies, but I thought when someone bought a property they were buying "with all defects and improvements". if I sell my house and later find out that it was built with teak and mahogany does that give me the right to ask to be paid more for it? Once you have sold something, it belongs to the buyer.
if the original owner never knew where it was, she doesn't deserve any.
keep your mouth shut.

grizzly bare
 

If I had found the money I would have poisoned the Demo guy, took the whitnesses for a one way ride and used some of the money to buy a new fire extinguisher so I wouln't wind up like the old man.
 

Paul,
You've got me thinking on that one?????????????????????
I'll post back after I think about it a while.....

Do you remember that person that bought a painting for $5.00 at a garage sale? Then it was found to have a copy of the declaration of Independence behind the painting. I think it sold for millions. I don't think that the seller got any more than the $5.00

If I buy a Shelby Mustang for $500.00 out of a barn and sell it for 2 million. Do I owe the person I bought it from any more money?

If the old lady had lost her ring on the property and at closing says to the buyer. By the way if you find my ring could you return it to me. Then she gets the ring. (In this case the money) But that wasn't the case.

It would be the sole discretion of the finder to return any item found - not just rings.

What if a detectorist had a great day and found gold coins and jewelry in 2 feet of water in Florida. Should he post the jewelry on a web site to see who the owners are?

If someone looses a ring - they absolutely know it. That's why it's good to return it if you can. Having a name and school makes the job easier.

If the money had a note stating if found please return to my wife. Then she gets the money. We will never know if such a note existed.

I'm just throwing it out there for all. There is greed in every one of us. Not just monitarily speaking.
 

I think after reading the article the real defining issue was the "intention of deception" displayed by the couple who purchased the home. It's one thing to walk into court and tell the truth, at this point the law usually decides the case. However, once you have shown the "intent to deceive" it opens the door to a more personal and somewhat bias decision based on allowable discretions within the law. Sure, you could keep paying the lawyer, have him appeal the decision, but in the end your "intent to deceive" will always remain as a consideration and influence, as well as a strong point of argument. And just to add another thought here, this is 2007, and it really surprises me how many people still think that their big find is going to remain a secret. Odds are that it will be out of the bag within days, weeks, or months, and then there's going to be a whole new set of problems to deal with. So why even risk it? Could end up costing you more then its worth by the time it's all over. Me, I take it to my lawyer, have him contact the previous owner/owner's lawyer, and then hope for the best. But that's just me........
 

I've been following this post from the beginning, now you get my two cents. What was found was an inheritance, may it be unknown to the woman or not it was HER inheritance. Mr. Spez, because your mother did not know about the extra $150,000 does that mean she had no right to it? The folks that bought the property did not buy her inheritance did they? As Mr. Dead stated, his death was untimely, he may have had every intention of telling her at a later date. Would she have left it there KNOWINGLY?

How many of you have a separate account somewhere that no one but you knows about? What about that life insurance policy you took out just in case that the beneficiary knows nothing about? What about that $100. bill all you men seem to stash in your wallet? If some one else finds out about it after your demise, would you want them to have instead of your spouse or family? I think NOT. A stranger deserving all you worked to save?

Greed is the ultimate friendship and family killer. It sadens me to see so much of it out there (not talking you folks). We work so hard to make sure we do the right things here in our hobby, the RIGHT thing here would have been to return the money.

Have an awesome day!
CG
 

Does anyone think that the fact that all the bills were from the 50's and that Harry Died in 1989 that he in fact had plenty opf time to inform Jean of the whereabouts of that money?

The article says they lived in that house for 38 years before he died...making that about 1951....
 

Like I said in my first post on this issue, "if I was going to argue the case in court" then I think I would push the issue of the money and raise the question of it's "original ownership" and then request that proof of that original ownership be provided, which obviously the husband's wife could not have done. At best she could have provided proof of the purchase of the fire extinguisher, but who's to say the money wasn't already in the fire extinguisher when it was purchased? Money laundering? Smuggling? In other words, did the husband get lucky and not even know it himself? Stranger things have happened. But honestly, once the couple's intent to deceive entered the circumstances then I think it would all be for nothing.
 

Gypsy... It appears that there was ample opportunity there. I have followed several cases of this sort but all have occurred in the US none in Canada. I do not recall any with one possible exception ( still looking for how that one was resolved ) where the items of value were awarded to past owners of the property including KFC recipes left behind by Sanders in a former residence. In this case there is only the assumtion that Harry put the money there but the likelyhood is pretty strong. The line has to be drawn somewhere it just doesn't wash that a past owner of a piece of real estate or their decendants can waltz in at any time after the sale and claim anything that was sold along with the property.

Assuming that he did hide this money who knows what Harry had in mind or what his intent was. Having never informed Jean of the fact that he was hiding the money and his not informing anyone else of it's presence leaves that open. Another aspect is how this money was generated was it above board or not ? Was that his reason for being secretive about it. If it was obtained through questionable or unreported means does that alter the rights of ownership does the IRS have a claim ? It averages out to around $ 3421.00 per year so after looking at the books of the scrap yard and expendutures both personal and business does it work out to be be legit ? The Judge addressed this in a way by stating that Harry had been careful to report all cash tranactions. All LEGIT ones I would assume right ? I personally knew an auto scrap yard owner that said he had two pockets one for himself and one for the business. He was convicted of receiving stolen property.

If someone purchases a building that was a former brothel and finds a hidden stash just how motivated would they be to seek out the former Madam and inform her of this find ? How about a crack house ? Hey dude I left some some drug money in this house can I have it back ? Would that affect a finders moral judgement of the situation ? Laws are intended to have some moral basis in addition to logical considerations. I contend that the case was not fully investigated and this judges verdict would be subject to review and contest here in the US anyway as one of the previous posters has already stated.

One of my favorite movies is "A Simple Plan" it's a fictional story of the finders of a large amount of drug cash and the tangled web they weave.

OB
 

Would it be different if the old man had found a gold vein on his property back in 1951. He didn't tell anyone. Not even his wife. 36 years later he died and the wife sold the house and land to any one of us treasure hunters. No mention of mineral rights on the contract.
We are out shootin' Rabbits like Jed Clampett and see the sparkle of gold! We let the world know we hit gold! We mine 2 tons of it out the first month. Then the old lady hears about it at Burger King. She says hey thats my gold there! Do you give her all the gold bars and the rest of the mine?
 

It just occurred to me that the business in question was described as a scrap yard. I have to assume that we are talking metals right ? Ok Harry buys a load of scrap that just happens to contain our fire extinguisher already loaded with the money. Harry discovers this and hides it under the office. If Harry didn't tell the person that sold him the load of scrap then it was never his and he nor his estate have rights under the do the right thing premise. He could have had that extinguisher perhaps as little as one day before the fire. Now what ?

OB
 

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