[Larry Lucido]

A niece has accepted the role of executor. Under Michigan law, as in most states, the sons will equally divide their mother’s assets in the absence of a will.

If she'd left a will that said "Everything I own goes to my four sons, divided equally, and my niece shall act as my Personal Representative," then everything would have played out exactly the same as it will play out now.

That said, a special needs trust might have been a good idea for the one son.

[TexasGator]

True, but why was the niece appointed as executor?

[Sacajaweau]

There probably is one since he sounds like he already has a guardian.