He was released from jail in 2012, is currently on probation/parole and has had several drug convictions, is withholding information from the heirs, refusing to give any pertinent accounting/banking info and states he does not have to sell the home but can live in it forever. There is real estate involved, to be divided equally between the heirs, the executor is living in the house because he has no other place to live and has moved his grown son into the house and has demanded that they other heirs give him the keys to the house and are not permitted to enter the home without his consent. Does he have this right to not disclose information to the heirs until 9mths after the decendant passed and tell the heirs that they are not allowed on property that states he only has 1/4 interest.
You do not say whether an estate is actually OPEN or not. If there is no estate open, then your brother is not the executor. At most, he is NOMINATED to be the executor. If that is your situation, and nothing is done, then he is probably going to be able to continue to reside there, rent free. TO put a stop to that, one of the other beneficiaries needs to file to open an estate and be appointed executor. Let your brother then argue that he is the right person for the job, given everything you indicated. He would have a tough job, particularly in light of the apparent fact that he has done nothing to administer the estate.
You really need to review this with a probate attorney to make sure that you are on the right track. The attorney can also file the necessary paperwork to proceed, regardless where things stand. (If the estate IS open and your brother is actually the executor, then it sounds like a petition to have him removed might be appropriate).
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