What happens to a farm willed to me if a guardian sold it?

Full question:

A Guardian has been appointed for my Father who is unable to care for his person or finances. He had made a Will before the guardian was appointed leaving me the farm. The Guardian sold the farm and now my Father has died. Did I just lose the farm even though it was Willed to me? We live in Florida.

• Category: Wills and Estates
• Subcategory: Ademption
• Date: 04/07/2025
• State: Florida

Answer:

This situation involves the legal concept of ademption, which determines what happens to a specific item of property in a will when it is no longer part of the testator's estate at their death. In Florida, if a guardian sells property that was specifically devised in a will, the beneficiary is entitled to the proceeds from the sale instead of the property itself. This is outlined in the Florida Probate Code under nonademption laws. According to Fla. Stat. § 732.606, if a guardian sells specifically devised property, the beneficiary (you) has the right to receive a general monetary amount equal to the net sale price. This applies unless it is determined that the testator's disability has ended and they survive that determination for one year. Additionally, if there are any remaining rights related to the property, such as unpaid balances from a sale or insurance proceeds, those may also be available to you.