What is fair and right is this. You should have traken all the legal steps before this happened. My friend is in the same predicament, because she counted on some one to do the right thing for her, when he died, she found out he just didn;'t take the time to clear up property rights and other things, propate ate up most of the estate. make a will, make a power of attorney, and appoint some one to handle your estate before you need it. Your kids will thank you for it.