Legal Question in Real Estate Law in Florida

Each of you can sue each other for partition. The court will order the property sold and the proceeds divided according to the will, (assuming 50/50 between you and your brother) and dividing the expenses 50/50 as well. Your brother should not and will not profit from his refusal to support the property, pay the taxes, the utilities, maintenance, and selling expenses. Eventually, he will pay, but you will need a real estate attorney to see that your brother is charged his fair share of costs, and that you receive your fair share of profits as well. Of course, the fair market value of the rent that you should be paying will enter into the picture, because you should not and will not benefit by living in the property for free. Your brother is entitled to his share of the rent that you are not paying, and this will be shown on the balance sheet between the two of you.. You may not live in the property for "free" any more than he may refuse to pay his share of expense. These rents and expenses will all be divided between you and your brother, so neither of you is benefiting by delaying the sale and ultimate division of proceeds, or some other form of agreement of rent and costs division. You can do this yourself, or you can both hire lawyers and let the court do it for you.

You need to file a partition suit. Pretty straight forward. The property will be sold, and the proceeds divided.