Monday, December 17, 2012

Money Hidden by a Decedent in the Decedent’s Home Is Mislaid Property That Belongs to the Decedent’s Estate and Not to the Subsequent Purchasers of the Home. 

Under Arizona law, property is “mislaid” if the owner intentionally places it in a certain place and later forgets about it.  A finder of mislaid property must turn the property over to the premises owner, who has the duty to safeguard the property for the true owner.  Absent evidence of abandonment, valuables hidden by a decedent in the decedent’s home are mislaid property belonging to the decedent’s estate, not subsequent purchasers of the home where the property was hidden.  Grande v. Jennings, 1 CA-CV 11-0148, 5/31/12.

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