Dad Passed Away, Might Lose Dog To Brother.

Location: Wisconsin, US.

Trying to omit as many details as possible incase this gets back to relavent parties.

So, backstory. A few months ago, my dad passed away without a will. My older brother was named the executor, mostly because my sister and I did not want to deal with all the financials and inheritance. The only issue I have about how things are split up are the animals in the house. Our “family” dog has always been considered to be my dog. He’s not technically under my name, but he’s most bonded to me, I was the one that was actually trying to take care of him, going out with him, my dad gave me a ton of gifts specifically referencing my dog and me together, etc. Everyone recognizes that he is my dog, and I am his person.

Due to being out of the house and in a limiting living situation, I haven’t been able to just take my dog. My brother, being the only one of my siblings that was still living at home, was the caretaker of all of our pets (even if he’s bad at it). My brother eventually moved out, taking most of the animals to his new apartment. Now, due to being the executor of the will and physically having my dog, he kind of has absolute power over him and I’m not sure what exactly I can do to get him. Soon after my dad passed, my sister and I floated around the idea of me taking my dog in the future when I actually had a place for me and my dog to stay. My brother brushed it off.

Now, we are down the road, I’m still unable to live with my dog, but for other reasons he’s considering cutting contact with me, which would mean I wouldn’t get to see my dog again. The urgency of researching how to get my dog have increased.

I’ve talked with my sister before about the legal aspects of the situation, and if I could fight him having my dog, but without a will she said that we’d have to prove that it would have been my dad’s wishes for me to have my dog (which maybe would could argue, maybe not, I don’t know how all this works). My brother is also just not really fit to take care of animals, he’s always been a horrible person with a history of violence and legal issues himself, as well as just not lifting a finger for the pets we’ve had. Over the past few months he’s frequently had to leave town for days at a time, and he’s dropped their care onto other people, even some that he barely knows. Recently he even mentioned to me that if my dog is too loud he would get a shock collar for him (unfortunately not illegal in Wisconsin). From what I’ve known of him my whole life, he is just not fit to have any animals.

So, the actual question: is there anything I can do to get my dog? Is this something I could fight in court? What can I do in this situation?