You should hire an attorney and go to court to determine your respective rights as this situation is problematic and it is best to have a court mandated agreement on custody time rather than relying on a verbal agreement which could end up with charges being filed against you.
That is an interesting question and I agree that you may be able to avoid gift tax as some of the other attorneys have suggested. Also, this may depend on any equity in the property, if you dont receive any value in this transaction then there is no gift. Feel free to contact me if you need help I am an attorney and CPA.
I agree with other attorney's, this will depend upon what the Judge's Order stated as far as the time frame for distribution. This sounds like an emergency situation for your brother and you may want to get an attorney ASAP so that you can prevent major problems and future lawsuits. Feel free to give me a call because you need to act fast. 714-943-2336.
I can help you with the probate and recomend realators and or any other services that you may need to close the probate. Feel free to contact me through my website or by phone for a consultation or a referal to other local probate attorneys. www.attorneysamwalker.com 714-943-2336.
Probate will be as per the law of that state and not as in California. There may be an exception to probate in that state if the estate is under a certain dollar amount but you would still need to check with an attorney in that state for advice.
First thing you need to do is obtain a copy of the probate records so that you can see which family members were notified of the probate. Then once you are sure who was notified you can proceed to sue for breach of fiduciary duty or petition to have the court to set aside.