Q: working on short fictional story set in Florida:
I am hired by Realtor A to completely clean out -- including taking down walls to the studs --- a garage as part of the estate of Deceased Man B. The executor of the estate, the realtor, and I sign three documents. 1. stipulates payment of $300 to completely empty down to the studs the garage in three days. 2 I will put all refuse in large receptacles provided and they will be emptied by Realtor. 3. I can keep for myself anything I find in the garage if under $100 in value. Over $100, executer has right of first refusal. Behind the sheetrock which I am to remove, I find a box with several gold coins. I tell the realtor and the executor that I found something I'd like to keep and want to give them the right of first refusal. Without asking what I found or looking in the box, both the Realtor and executor tell me to keep whatever I found and to finish the job ASAP. QUESTIONS: Can I keep the coins outright or am I obligated to tell them anything more about what I found? Thank you
A:
A California attorney could answer best, but your post remains open for one week. Under the given facts, it could be argued that not disclosing the nature of the find was a violation of the terms of the contract. The contract provides the right to keep things if under $100 in value. While there was no price tag on the gold coins, a reasonable person could conclude that such coins were worth more than $100 in value. Aside from the express provision in the third element of the contract, it could also be argued that there could be an implied or ethical duty to bring the coins to the attention of the executor if not certain of their value. You posted this under Contracts - there are attorneys on this Q & A Board who practice in Probate and Estate Matters - I do not (I simply looked at this in terms of contract law) - but those attorneys could probably offer more meaningful insight as to issues involving estates, executors, etc. Good luck
Tim Akpinar
A:
Addendum - 'Sorry, I should have said, " ...such coins COULD HAVE BEEN worth more than $100 in value... " Good luck
Tim Akpinar
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