MW I settled my father's estate, but found a will deeding a mobile home to his stepson. Am I ethically and legally obliged to fix this?

By Quentin Fottrell

'I understand that I must initiate probate in his state of residence'

"The property was a mobile home in a retirement community and was registered like a vehicle through the DMV." (Photo subject is a model.)

Dear Quentin,

My widowed father has passed away, and as his only known heir, I sold his home and used the proceeds to fulfill his final wishes by making donations to close friends and charities. He had executed a will decades ago, but I was unable to locate it or the law firm that prepared it. After certain assets transferred to me via transfer-on-death and payable-on-death deeds, I later discovered substantial financial assets titled solely 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 disbursed, will there be a problem presenting this will when beginning probate in Florida? The property was a mobile home in a retirement community and was registered like a vehicle through the DMV.

The Son

You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. The Moneyist regrets he cannot reply to questions individually.

Related: My husband plans to leave his estate to his adult son, who steals his credit card to gamble online. What can I do?

Here's the human/legal error: Selling a mobile home that likely should have gone through the probate process.

Dear Son,

Here's the headline: You acted honorably and ethically. You fulfilled your duty and the most valuable assets were transferred to you outside of probate via these payable- and transfer-on-death deeds. All of that was above board, and correct. Here's the human/legal error: Selling a mobile home that likely should have gone through the probate process.

Where things went awry through, for the most part, no fault of your own: a decades-old will stating that this mobile home, which was sold and the money distributed to his many charities, was supposed to go to this stepson. Your father and, possibly, the law firm were responsible for ensuring this will was accessible upon his death.

As an only child, you had every reason to believe, in the absence of the will, that you were the sole heir of the mobile home. The mobile home was registered through the DMV, not designated as real estate like a lakeside house or condo, so it is understandable why you felt it was the right thing to do to sell it. I assume you got low to mid-five figures for the home.

There's no point in making a will if it's hidden in a place where no one can find - or sign - it. This will is valid, but its discovery likely happened too late in the process. Once a valid will is discovered, Florida law requires it to be submitted to the probate court, even if it is decades old and/or contradicts how the estate was probated.

Florida law is clear. It requires that all wills should be filed with the probate court when they are discovered, even if probate has already been informally initiated or some assets were already distributed. Once this is done, with the guidance of your attorney, the case will take on momentum of its own. (Disclaimer: This is obviously practical, and not legal, advice.)

Selling assets prior to probate

Because the mobile home was not designated as a transfer- or payable-on-death and was titled solely in your father's name and erroneously disposed of before probate, it is very likely that this asset should have passed under the will. In other words, your father's estranged stepson may still have a legal claim to the value of the home, even though it has already been sold.

In Florida, mobile homes can be categorized as personal property (equipment, vehicles and furniture etc.) or actual property (land and buildings etc.) depending on whether they are affixed to land. Whether or not this is personal property, it still technically falls under probate given that it's solely in the decedent's name without a transfer-on-death deed.

What now? Contact a probate attorney in Florida 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 transfer- and payable-on-death deeds, and written timeline of the events (from your father's death to the will's discovery).

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 willing to make amends and do whatever you can to make this right. One obvious solution would be to give your father's stepson the value of the mobile home from the estate's remaining assets.

By laying all of this bare, you will feel a great sense of relief, and feel heartened that you have done the right thing. Wills are lost and go missing, only to be rediscovered. It's not the first time this has happened. Be prepared to answer a lot of questions, particularly in relation to the discovery of the will and the sale of any assets prior to probate.

You can make this right. Take a deep breath and call your lawyer.

Don't miss: 'It's my money': My $800K inheritance is paying for a $1.6 million house. Shouldn't I decide where my husband and I live?

Check out the Moneyist private Facebook group, where members help answer life's thorniest money issues. Post your questions, or weigh in on the latest Moneyist columns.

Previous columns by Quentin Fottrell:

2025 has been one hell of a year. Consumers should expect more 'silent pain' in 2026.

'The house has quadrupled in value': I bought a house with my brother, but he did not contribute. How do I fix this?

My sister is buying our parents' $3 million house, but wants to deduct $100K for renovations. Who's right?

By submitting your story to Dow Jones & Co., the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms.

-Quentin Fottrell

This content was created by MarketWatch, which is operated by Dow Jones & Co. MarketWatch is published independently from Dow Jones Newswires and The Wall Street Journal.

(END) Dow Jones Newswires

February 09, 2026 20:15 ET (01:15 GMT)

Copyright (c) 2026 Dow Jones & Company, Inc.