Estate Law Questions? Ask an Estate Lawyer.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
My question is how long will it take to go through probate.
Once a probate has has been filed and opened, there is a 6 month "creditor claims" period that must pass before the Administrator can proceed with any disposition and distribution of the estate assets. But brother is wrong that he can simply live there and use the house indefinitely while paying the mortgage. The house would be half yours and if brother doesn't pursue settling the estate in a timely manner because he is intentionally dragging his heels, you can file a "motion to compel" to force him to appear in front of the judge and explain his actions in intentionally breaching his legal obligations.
Both of you can assume ownership of the house as co-owners and keep paying the loan under federal law or you could ask the judge to order a probate sale of it at absolute auction to the highest bidder.
So he is simply lying to you if he is telling you he can stay there indefinitely and it is likely because if he has talked to an attorney, they have told him what I am telling you with regard to you forcing a sale of the house and forcing him out.