Legal Question in Wills and Trusts in New York

Notwithstanding you are a co-executor, the inheritance of the house gives your brother rights in the house as the equivalent of a partner. While he cannot evict you, per se, he can bring a suit for partition, which essentially could compel you or the estate to buy out his interest in the house, or force its sale. This could be the result even if everyone else sides with you. It appears he wants or needs the monetary equivalent of his share value, so you might want to consider making him an offer to buy him out. A minority share of the house may have a discounted value, and you might offer him less than his share of 100% of the house's value, although if he were to sue and win, he could get his full share less the costs of sale. If the estate has other assets, maybe offering him a greater share of the other assets in place of his share of the house might resolve this.

In addition, while you may owe him his share of a reasonable rental (since you are living rent free), you are entitled to a credit for the expenses related to the house (taxes, maintenance) you have paid. Best way is to buy him out.