[WSBAPT] Money found by new owners of home bought from Trust

Mon Jun 3 19:47:26 PDT 2019

Here is what someone did in a similar situation (I am not passing judgment
on the client).

https://www.cnn.com/2013/11/11/us/connecticut-rabbi-returns-money/index.html

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Dalynne Singleton
Sent: Monday, June 3, 2019 7:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Money found by new owners of home bought from Trust

Reminds me of a law school examination question

I found this interesting awhile back and it seems to fit your scenario

See:
<https://www.elderlawanswers.com/who-gets-cash-hidden-in-house-by-deceased-f
ormer-owner-7176>
https://www.elderlawanswers.com/who-gets-cash-hidden-in-house-by-deceased-fo
rmer-owner-7176

Who Gets Cash Hidden in House By Deceased Former Owner?

Imagine you bought a house and, a year and a half later, you discovered
bundles of cash that had been hidden away by the deceased former owner. Who
would be entitled to the money -- you or the former owner's estate?
Confronted with just such an unusual case, an Oregon appeals court has
overruled a lower court and determined that the new owner may keep the
windfall.

William and Helene Valoff owned a house in Milwaukie, Oregon. After Mr.
Valoff's unexpected death, all assets of his estate were transferred to Mrs.
Valoff. Following Mrs. Valoff's death, her estate sold the house to Helen
Sollars. The sale agreement required the estate to leave certain specific
personal property (such as a stove and a refrigerator) but to otherwise
"remove all personal property (including trash and debris)" before the
closing of the sale.

About a year and a half after the closing, an electrician working on the
house found bundles of money hidden above the ceiling of the basement. The
bundles were bound with rubber bands and adding machine tapes bearing Mr.
Valoff's handwriting. Because of uncertainty about who owned the money, the
police seized and counted it and found that it totaled about $122,000.

Ms. Sollars argued that she should receive the money because she was the
rightful owner of anything left in the house after the closing. The Valoff
estate countered that it remained the owner because it did not intend to
transfer any right to the money when it sold the house to Ms. Sollars. A
trial court agreed with the estate, reasoning that the sale agreement was
for the transfer of a house, not of money that neither party had known
about. Ms. Sollars appealed.

On September 24, 2008, the Oregon Court of Appeals reversed the trial court
and ruled that Ms. Sollars is the owner of the money. The court concluded
that the sales agreement's reference to "all personal property"
unambiguously included the money found in the house. The fact that the
money's existence was not known at the time of the sale makes no difference,
the court held.

To read the full text of the case, Sollars v. City of Milwaukie (Or. Ct.
App., No. CV06020213; A132996, Sept. 24, 2008),
<http://www.publications.ojd.state.or.us/Publications/A132996.htm> click
here.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.329.4079

360.568.8092  fax

dalynne at glgmail.com <mailto:dalynne at glgmail.com> 

LICENSED IN WASHINGTON AND OREGON

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Jennifer Mackley
Sent: Monday, June 3, 2019 3:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Money found by new owners of home bought from Trust

PC was repairing electrical wires in garage and found a panel concealing
envelopes of cash and husband’s audio tapes of extra-marital interactions
with a number of women. The husband died a while ago, the wife died in 2017,
and the home was purchased from the wife’s Trust. The box next to the clause
regarding Items Left by Seller was NOT checked in the real estate contract.
It states “Any personal property, fixtures, or other items remaining on the
Property when possession is transferred to Buyer shall thereupon become
property of the Buyer, and may be retained or disposed of as Buyer
determines.” So who do the discovered items (that were presumably stashed by
the husband) belong to? The owners? The husband’s estate? The wife’s estate?
The heirs of the Trust? Who do the current home owners contact to determine
ownership?

Jennifer Mackley | Mackley & Mackley, PLLC |  <mailto:(206) 938-4969> (206)
938-4969 

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Thank you.

Thanks for your insight.

Jennifer

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