It a home was foreclosed on during a probate case, can they legally sell it before the case is closed?

Question

My dad filed bankruptcy the week before he passed away from cancer in which the court dismissed due to his passing. Our home was sold at the county auction and we were gave not even 2 weeks to get out and when I asked for 30 days, they got a writ of ejection that stated 30 days (something I didn't know) turned my power and water off themselves and called codes on us I was given 4 hours to get out 30+ years of 4 different people's stuff out of my home which didnot happen. They changed the locks on me the next morning, my dads probate case was still open during all of this, can they legally sale a home while it's in probate still?

James L. Arrasmith · Answer

It’s possible for a home to be sold during probate, but specific rules need to be followed. In your situation, where the house was sold at a county auction while your father’s probate case was still open, the sale may have complicated legal factors. Generally, probate courts manage the distribution of assets, and creditors, including mortgage lenders, have rights to pursue foreclosure even during probate. 
 
However, if you believe proper procedures were not followed, or your rights were violated, you may have grounds to challenge the actions taken. Turning off utilities and giving such short notice, for example, could be unlawful depending on the circumstances. If you were not given the required legal protections during the eviction process, that could also raise concerns. 
 
You might want to consider speaking with a legal professional to understand whether the foreclosure and eviction were handled appropriately and if there are any remedies available to you.

Q: It a home was foreclosed on during a probate case, can they legally sell it before the case is closed?