May I build a home on land thatthat Iinherited frommy parentsif it is still in probate and my siblings have not consented?

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May I build a home on land thatthat Iinherited frommy parentsif it is still in probate and my siblings have not consented?

My parents passed away and their 80 acres were left to the 4 children. My 3 siblings want to keep the land intact to sell, but have been unable to do so in 7 years. I would like to build a home on part of the property and move there. I am curious as to whether I can do so without my siblings stopping me as I have a right to 25% of the land.

Asked on February 1, 2011 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the land remains the same as it did when your parents passed away - undivided and with the deed transferred in to the names of all of you - then I would steer clear of building on it at this point in time.  I can see how the situation could be frustrating, especially if you do not want to sell and would rather use it to build on.  So may I suggest that you seek with a real estate attorney about bringing what is known as an action for "partition" against your siblings?  And action for partition is an action that requests that the court divide an asset held jointly with others equally. So you would ask that the court allow you to own 25% of the land outright and apart from your siblings. Then you can build the house you want.  Good luck.


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