Legal Question in Wills and Trusts in California

You have not provide enough information to make a determination.

Did your brother and his wife own the house jointly? Did your brother own the house before he married the new wife? How do you know your nephew is the heir to your brothers estate? Did your brother have a trust or a will?

Assuming that the house belonged to your brother as his separate property, your nephew may have some rights to claim the house. I suspect that he will need to file a probate action to determine who is entitled to what.

Mr. Jordan is correct. In addition, you have now asked several questions that cannot even begin to be answered without knowing if there is an open probate, if so whether an administrator and if so who it is. If there is an administrator, they have extensive rights and powers unless challenged in the probate court.