Legal Question in Criminal Law in Massachusetts

Last summer we found an 18 kt gold ring tucked away in the basement of the home of a deceased relative. We were finishing the cleanout prior to putting the house on the market. The ring (covered in rusty goop) was locked in a metal box, along with some cash. (also covered in crud) All the bills were printed in 1972. It looked like the box hadn't been opened in years. No one knows anything about the cash or the ring. A gambling haul hidden from the wife? A nest egg hidden from the husband?

The contents of the house were left to one beneficiary who is having the ring auctioned this month. But what happens if someone can prove, after seeing the photo of the ring online, that it was stolen property? It's a pretty distinctive (read: ugly) piece of jewelry. The auction house is fairly well known and the photo has been posted online for the sale, so....?? There's no history of theft in the family, but the whole thing is a little bizarre. Thanks


Asked on 12/01/10, 9:30 am

1 Answer from Attorneys
Tom Flynn Law Offices of Thomas V. Flynn

Well, I would say if the property was called "Blackacre" or "Greenacre" you'd have one heck of a law school question around the "treasure trove" doctrine. Under modern law there would be distictions made between the ring and the money and Massachusetts law surrounding lost, abandoned, and stolen property would apply. If it was a law school question you might also be concerned about the ring as art. As a practical matter the beneficiary should be fine, but if there is a real concern a probate attorney could petition a court to make a ruling on the found property.

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Answered on 12/09/10, 5:46 am


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