Good afternoon. He cannot do this....mother's estate is not his personal piggy bank. If the house isn't going to be sold, the brother needs to distribute it out of the estate into undivided interests to the heirs. Then your husband can force a sale by filing a suit for partition. If the brother refuses to distribute it, your husband should file a petition with the probate court to have your brother removed as executor for breaching his fiduciary duty to mother and your husband.
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