If My Grandfather Secretly Buried a Treasure Before He Died, Who Would It Rightfully Belong To? (Karma, Law & Ethics)

[dreamon]

I have a question and I'd really like to hear your thoughts.

Before my grandfather passed away, it's said that he buried a treasure somewhere on his land. However, he died without ever telling anyone where it was. All of his sons and daughters have heard the story, but there's no concrete proof that the treasure actually exists.

Now, let's say someone eventually finds it. Who would it rightfully belong to? How should it be divided, especially considering that some of my grandfather's children have already passed away and left children of their own (their heirs)?

There's another complication. Some members of the family don't even want the treasure to be found. Out of selfishness, they'd rather it stay buried forever than have it divided among everyone.

On top of that, if the treasure were ever distributed among the heirs, it would almost certainly become public knowledge. The rest of the family would find out, and eventually the authorities would probably learn about it as well, which could create serious legal complications.

From a legal, moral, and karmic perspective, what do you think is the right thing to do? If you were in this situation, how would you handle it?

 

[Mackaydon]

His property, his treasure. Read his will for the answer.
If he died intestate, a probate court would determine who gets it if found.
Don in So Cal

 

[ConceptualizedNetherlandr]

First - who owns the property where this might be hidden?

 

[pepperj]

Generally, the treasure belongs to the current landowner. When real estate is sold, the new owner legally acquires all rights to everything physically attached to or embedded in the land, unless a specific prior agreement or restrictive clause in the property deed states otherwise.

Because the original owner is dead, any claim made by the previous owner (the person who sold the land) or their estate is typically voided by the property transfer.

 

[rginn]

I would go with pepperj, but I bet it would wind up in the courts.

 

[russau]

This is a common problem in most family's ! GREED comes out in ( UNFOURTUNETLY )most situations when $$$$ / Property / and even small trivial items are involved ! AGAIN unfortunately ) that most all family's are affected by this problem sooner or later in some way! BUT without CHARECTER the WORLD would be in total CHAOS ! Kinda like it is in todays world ! I agree about see what the deceased person's will say's and for the state where it was recorded in ! THEN the COURTS will determine who get's what ! and the state and the lawyers get first grab and the land owner / and the (proven) descendant's get what remains (if anything is still left) !

 

[Crow]

Treasure trove laws vary from state to state, from country to country. General rule: Once you sell a property, you lose any legal rights to that property and all assets left on that property once you officially vacate. Since you state there is no physical proof of ownership or what the treasure is or was. It would be a very weak claim against the current landowner.

If you were forcibly removed from that property during a time of conflict, you would argue in court of law that the treasure was stolen from you under duress. But if you still cannot show evidence that it belongs to you to begin with, you will struggle to validate your claim.

The current owner is the legal entity and owner of the property; from an ethical point of view, ultimately it is the landowner's call because it is his property. The owner might decide to share or give to descendants of the previous occupant. But they are under no legal obligation to do so. Another factor is the case of antiquity, which is a totally different ballgame.

Most legal entities would try to identify the previous owner, subject to there being proof that it was theirs to begin with and not the proceeds of crime. If no evidence is forthcoming, then it is usually divided between the current landholder and the finder.

Crow

 

[releventchair]

Seems it would "rightfully" belong to grandfather. Had he wanted others involved they would be.

Legally and without Grandfather having made it clear what he would have done with it ; treasure trove law would likely apply. And or even an antiquities act if land were to become non private. And probate.
Federal , state, and local laws should be reviewed before dulling a shovel.
Don't damage underground utilities or flood the neighbors.