Answer

Dear Lanny,

In this situation, I recommend that you request a formal probate from the probate court. That is what the probate is for, to help determine the rightful distribution of proeprty from the estate. Most probates are informal, with no hearings. They include a filing of the will and certain other adminstraive proceedings.

If there is a dispute such as this, a formal probate is called for.

There are specific laws for every state that govern successorship to property. By will or by law.

The sequenced is something like this.

1. The will determines who gets what property. in the absence of a will, then tenancy of the deed

2. If there is no tenancy of the deed, then generally, by law means the legal right ot successor ship. In most states, it is:

a. Spouse gets it all or spouse gets half the property with the remainder divided between surviving children.

b. If there is no surviving spouse, by law usually means then divided between the surviving children equally, and then the balance between siblings, etc.

It really depends on state law. Making deals outside the by law or by will is exceeding his authority. As part of the probate, you can even ask for a new executor.