Legal Question in Elder Law in New York

There's no way to divide up the house after mom dies. The mortgage has to be paid off. So what happens in the Executor sells the house, pays off the mortgage, and divides the proceeds according to mom's Will. There's no other way; no one is going to be living there. If the Executor has any sense and gets legal advice.

I'm not exactly sure what you mean that your brother took over the mortgage. What does that mean? Your brother is paying the mortgage? Good for him. Otherwise the house would go into foreclosure. It's a tricky situation whether your brother is entitled to be compensation after mom dies in return for paying the mortgage now. In part, the answer is 'yes'; however he's also living there, and should be paying rent. It's not easy. And if you move in to help take care of mom, you'd have to pay rent too. Sounds to me like you're trying to move into the house is designed to cause friction and this is going to end up in court and everyone is going to lose. Go see an elder care lawyer and figure out how best to help mom.

Good luck.