Q: Dad owns his NC home but lives up north. Our brother is renting the NC home, which is willed to us 3 siblings.

A: First, your father is still alive. Your father really needs to have a will. It sounds like he does but it also sounds like he has not given very much thought to this situation or else it has changed since he did the will.

I suggest strongly that if he is mentally competent that he sit down with an estate planning attorney and revise the will.

Your question presumes that your father would pass and the land left to all three of you in equal shares. In such case, I would suggest that the sibling who wants the land would buy out the shares of those who don't. If he refuses, then any of you can bring a partition action.

Since your father is still alive, it would be far better for him to sell the house to your brother now and for your father to retain a lien on the property. Your father could also revise his will to provide that upon his death, your brother's share of the debt would be forgiven but that he then needs to buy out your and your siblings' shares. Or maybe just the will needs revised if your father does not want to sell the land now. Or maybe your father has other assets which equal the value of your and your siblings share of the land. If so, maybe your father could revise the will so as to leave the land to your brother and the other assets to you and your siblings.

I don't know all the facts as to what your father owns, but my point is that if your father is still alive there is a better way to deal with the land than waiting for him to die and a partition action.