An individual faces a complex estate issue after settling their father's affairs, only to discover a decades-old will. The will specifically bequeathed a mobile home to a stepson, but the home had already been sold, and the funds disbursed. This situation raises both ethical and legal questions, particularly in the context of probate and the distribution of assets.

The core problem lies in the timing and sequence of events. The individual acted in good faith, unaware of the existing will. However, the discovery of the will after the sale of the asset creates a potential legal conflict. The stepson, despite being estranged, may have a valid claim to the value of the home, potentially leading to financial and emotional repercussions.

Fact: In Florida, where this case originates, wills must be filed with the probate court upon discovery, even if the estate administration is already underway or assets have been distributed, according to Florida Statute 732.401.

To resolve this, the individual should consult a Florida probate attorney immediately. Transparency and honesty with the court are crucial. The attorney will guide the individual through the process of presenting the will, accounting for the mobile home sale, and potentially compensating the stepson to settle the matter and avoid further legal disputes.