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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