Legal Question in Wills and Trusts in North Carolina

I assume that your father lived in North Carolina at the time of his death. The property should have passed automatically to your mother if her name was on the deed and the property was owned between your parents as a tenancy by the entirety. If it is somehow tied up, that means that your mother's name was not on the deed.

If that is the case, the real property would have passed by intestacy to your mother and all of your father's children (I assume that your half brothers and half sister were also children of your father) on a 1/3 (to mother) - 2/3 (to all of your father's children) basis.

This many people should never own property. You do not indicate if the house is owned free and clear or not. What needs to happen is that those people who want the house need to buy out the share of those who do not. Have the home appraised and figure out the value of your brother's share. You have to deduct from his share his contribution for the taxes, maintenance, upkeep and insurance, at least for the past 3 years.

If he wants more, then tell him to get the property appraised. It would be much cheaper if you all could agree and split the costs, but I don't know how cooperative he will be with this proposal. If he still balks, then you will have no choice but to bring a partition action. Basically, the court will either divide up the land and give your brother his portion, if it can be done, or do a partial partition and sell off his share. Nobody is going to want to buy just a piece of acreage unless it is divided from the rest as they will not want to own the share along with the rest of your family. If partial partition will not work then the whole thing will have to be sold and anyone can bid at the sale for it.

If you really do not want the property sold, then the family is going to have to come together and figure out a way to buy out your brother's portion.

After 18 years, this is not a probate matter but a real estate matter. Perhaps a real estate lawyer will be better able to advise. You may want to consult a real estate attorney in the county/state where the land is located. The attorney can better speak to what is involved in a partition action. Those of you who want the property have a common interest and you can all hire the same lawyer (barring any other conflicts of interest). By doing this, it may make the attorney more affordable.