Q: Can someone build a small house on property that is in our dads name but is in an estate/probate.
Our dad passed away 11 years ago and my mom 1 year ago. Right now the property is in an estate and my sister wants it and started building on it already. And shouldn't she buy the other siblings out?
A: Perhaps. Ownership and distribution needs to be worked out through probate. But no one is going to independently stop your sister from building unless you all ask the court to.
A: It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more beneficiaries can agree to purchase the property interests of other the beneficiaries to an estate; however, court approval is usually required when an estate is still open.
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