I am not licensed in NC, but most states have a general rule that any transfer of an interest in real estate must be in writing to be enforceable. If he can find a writing, such as your written statement here, essentially ratifying what may, at the time, have been an unenforceable oral agreement for a life estate, you might not be able to get him off. You should have seen a lawyer or a realtor on this one to begin with. Even if there is a writing, if there is no consideration, you may still be able to remove him. But see a NC real estate lawyer because the brother may have several defenses to removal and if he stays the amount of land he holds should be defined to avoid conflicts.
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