Estate Law Questions? Ask an Estate Lawyer.
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The situation is a little confusing and hard to explain. Your brother can't charge you rent but the estate can. Up until the court passes title to the home it is owned by the estate and whoever is the executor of the estate has to do what is in "the best interests of the estate". That would include charging rent to anyone that resides there. The amount charged for rent would be used to pay bills of the estate, maintain the property and pay taxes on it, etc.
However, you could ask the court to go ahead and pass title to the home quickly or to allow you to remain there in exchange for providing upkeep, paying taxes, etc.