Legal Question in Wills and Trusts in Georgia

Unless there has been a probate, and since you don't mention one, NO ONE owns the home or has a right to live in it or sell it. I am not understanding why you have waited a year and a half to get a lawyer, but get one in the morning, and start probate. The estate will first have to pay bills and taxes, and, if anything is left, then the heirs at law will get what's left. Do not wait past tommorow. Get your lawyer to get started.

I second Attorney Ashman.

Anyone can apply for probate and be the personal representative of your mother's estate - if there is a disagreement then the court will decide after a hearing. The job of the personal representative is to pay bills/debts of your mother, figure out what she owned and to then transfer any assets to the heirs.

And your brother is not entitled to exclusive possession of the home. The home either needs to be sold and the profits split (if all the heirs agree) or the one who wants it needs to buy out the shares of those who don't. Neither of you can exclude the other because the home is partly yours as well. You need a probate lawyer and you also may have a claim against your brother for your portion of the rental value of the home minus your share of the upkeep, maintenance, mortgage (if any), insurance and taxes.

You need to see a probate attorney who practices in the county/state where your mother lived at the time of her death. Don't wait and let your brother file something first.