“The property was a mobile home in a retirement community and was registered as a vehicle through the DMV.” (The subject of the photo is a model.) – Getty Images/iStockphoto
My widowed father died and as his only known heir I sold his house and used the proceeds to fulfill his last wishes by donating to close friends and charities. He executed a will decades ago, but I have not been able to locate it or the law firm that prepared it. After certain assets were transferred to me through transfer on death deeds and payable on death, I later discovered substantial financial assets with sole title in his name.
I understand that I must initiate probate in his state of residence, Florida. However, I have since discovered his old will, which indicates that the home was to be given to an estranged stepson, who is unknown to me. Now that the home has been sold and the proceeds paid, will there be a problem presenting this will when probate begins in Florida? The property was a mobile home in a retirement community and was registered as a vehicle through the DMV.
sonny
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Here’s the human/legal error: selling a mobile home that probably should have gone through the probate process. – MarketWatch illustration
Here’s the headline: You acted honorably and ethically. You have fulfilled your debt and your most valuable assets have been transferred out of your will with these payable and transfer on death deeds. All of this was above board and correct. Here’s the human/legal error: selling a mobile home that probably should have gone through the probate process.
If things went wrong, mostly none of your fault: a decades-old will stating that this mobile home, which was sold and the money distributed to his many charities, was to go to this stepson. Your father and possibly the law firm were responsible for making sure this will was accessible upon his death.
Being single, you had every reason to believe, in the absence of a will, that you were the sole heir to the mobile home. The mobile home was DMV registered, not designated as real estate like a lakefront home or condo, so it’s understandable why you felt it was the right thing to do to sell it. I’m guessing you had low to mid fives for the house.
There is no point in making a will if it is hidden away where no one can find it or sign it. This will is valid, but its discovery probably occurred too late in the process. Once a valid will is discovered, Florida law requires that it be submitted to the probate court, even if it is decades old and/or contradicts the way the probate was probated.
Florida law is clear. It requires all wills to be filed with the probate court when they are discovered, even if probate has already been informally initiated or some assets have already been distributed. Once this is done, with your attorney’s guidance, the case will take on a momentum of its own. (Disclaimer: This is obviously practical advice, not legal.)
Because the mobile home was not designated as transferable or payable on death and was titled solely in your father’s name and was erroneously disposed of before will, it is very likely that this asset passed under the will. In other words, your father’s stepson may still have a legal claim to the value of the house, even if it has already been sold.
In Florida, mobile homes can be classified as personal property (equipment, vehicles and furniture, etc.) or real property (land and buildings, etc.) depending on whether they are fixed to the land. Regardless of whether or not this is personal property, technically it is still under control, given that it is exclusively in the name of the deceased, without a deed of transfer on death.
what now Contact a Florida probate attorney as soon as possible and present the once lost/forgotten will, documents related to the sale of the mobile home, records showing how the proceeds of the mobile home were distributed, all deeds of transfer and payable on death, and a written timeline of events (from your father’s death to the discovery of the will).
Be transparent, be honest and don’t try to hide anything. The probate court and your attorney will appreciate that you are facing this head on and are willing to make amends and do everything you can to make this right. An obvious solution would be to give your father’s stepson the value of the mobile home from the remaining assets of the estate.
By leaving all of these blank, you will feel a great sense of relief and feel encouraged that you did the right thing. Wills get lost and disappear, only to be rediscovered. This is not the first time this has happened. Be prepared to answer many questions, especially about probate discovery and the sale of any assets before probate.
You can do it right. Take a deep breath and call your lawyer.
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