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I believe, legally, you can only cut what is on your side of the property. I suppose a conversation with him and his dad is in order. I would document every interaction at this point. You need to be able to prove negligence and that it is not an act of God if damage occurs. Negligence in this context means the neighbor knew, or should have known, that their tree posed a hazard and they failed to take corrective action. For instance, if a tree was visibly dead, had large decaying limbs, or was leaning precariously, the owner may be held liable for any resulting damage when it falls. The responsibility shifts from a natural event to a failure of property maintenance. Also look in to "constructive knowledge" meaning they should have been able to see a problem. Respect that tree removal is very expensive and demonstrate that you are getting with them sooner than later. Also, take pics with time and date stamps

ETA: I knew how to answer this but I did go seek the answer in legal terminology

Can code enforcement do anything where you live? Are you in an HOA?

If you speak to him and he doesn't acknowledge that they're dead/a hazard and remove them then have an arborist inspect the trees.

If they deem it is dead/diseased/a hazard in anyway and need to come down have that report sent to the neighbor via certified letter (that way it's proven the neighbor received it).

Will allow your insurance to subrogate against the neighbor with this proof if the worst happens.

Is there any danger to fence or structure from the rotting trees? You can cut anything above your property line. You may just mention in passing that homeowners insurance (either yours or his) may not cover damage as a result of dead trees. Mine will only cover storm damage to trees.

I just had a dead pine tree removed because of this.

For insurance purposes you'll need to send a certified letter to be able to show proof of documentation/deliverance that way in the event it does fall and cause damage he and his homeowners insurance will be responsible, not yours. I learned this the hard way when a neighbor's dead tree crashed into the side of our house and put a massive hole in it. Our insurance was on the hook.

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He was in the yard just now and I talked to him. He was very open to taking care of things.

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Lucky you have a good neighbor. A new family moved in behind me, and they seem to be much more concerned with smoking weed and watching basketball at high volume on their patio TV. Two rotten trees in their yard that are constantly dropping branches all in mine.