I supposed there is a will since you mentioned executor. Once the will is probated and assets are distributed, your son will become the proper owner of the house. Unless there are other restrictions stipulated in a trust or the will, you son, as the home owner, will decide who lives in the house.
Please note that the Executor's primary role is to administer the estate of the deceased pursuant to the terms of the Will. Unless there is a provision in the Will, the Executor cannot dictate to an heir how to use their bequest.
Is your son a minor? Or does he require your care?
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As long as the will is valid and named your son as an heir to receive the house and your son is not a minor, it is his decision who lives in the house. As stated in the other answers, the executor simply makes sure that the wishes in the will are carried out.
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How old is your son? Was the gift of the house outright or was it left in trust?
These and more questions need to be considered to answer your question.
I suggest you consult a probate lawyer in the area where the estate was opened.
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It sounds as though you need to sit down with a probate lawyer of your own.
If there is a surviving spouse, that person may have a right to occupy the house under the homestead provisions of the Texas Constitution.
It is unlikely the executor is making decisions if he or she is duly appointed by the probate court.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
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