Your brother is wrong. A will does NOT limit or control what a person does with her property before her death, and if property is disposed of prior to death, it is taken out from under the will. A will should be read as (for example), "IF I STILL OWN MY HOUSE WHEN DIE, then it will be sold and the profits divided as follows...." But since the house was sold, the will's provisions relating to the house are void. (By your brother's logic, if the will said, "I leave my son John Doe $100,000" but the parent spent or lost all their money, $100,000 would have to magically come from somewhere to fulfill the will--clearly, that does not happen.)