My brother and I are executors of our Mothers Estate. My…

The Probate is through and the house now needs to be sold to finalize the Estate and the proceeds disbursed as per our Mother's wishes. The Estate Solicitor has written to my brother on a few occassions to try and arrange appointments with him but he does not acknowledge the letters. She finally made contact with him by phone and he terminated the call. I know this sounds harsh, we have tried to help him move on, but he has just dug his heels in and is basically refusing to clean out his clutter (everywhere) so that we can clean it out and put it on the market. I believe he is suffering with a mental depression, I have been to see his Doctor who has told me that he won't take any responsiblilty for himself. When we were obtaining real estate estimates on the house for Probate one of the R/E Agents told my brother that he would not be willing to bring prospective buyers through until the house was de-cluttered so that's why I need to move him on so that I can arrange to put it on the market. The house has now been transferred to both of our names..... I am paying all the on-going bills ie., land, water rates and insurances. So far the Estate owes me $3,500 which I can't afford to continue paying indefinitely. I realise that he is now part owner, but what legal rights do I have. The Estate Solicitor has suggested briefing a Barrister with the thouht of applying to the Supreme Court to have him released as Executor of the Estate and have myself appointed as Trustee.

I just need to tell you that once the house is sold he (my brother) will be in a position to purchase a property for himself..... you would think that would be an insentive for him to move on..... as I said previously I believe he is suffering with depression and hates the thought of change!

I have tried and tried to reason with him but to now avail...... am I able to have him evicted from the house?

Thank you for your help, can you advise an approx. cost for applying to the Supreme Court and will I need the services of a Barrister for this as the Estate Solicitor is recommending......
I believe I have done everything that is expected of me to carry out my obligations of The Will to date and it is only my brother who is dragging the chain..... do you think I should engage a Solicitor to look after my interests?

I'm sorry I thought you may have gone home, the times shown on our replys seem to be a bit haywire.
We are in NSW and the Solicitor who is administering the Estate also prepared The Will for my Mother some years ago. As mentioned above (my first reply) Probate has been granted and the house transferred into both our names as joint Executors.