If there was a will he should have filed it. If no will has been filed in the county where your mother resided at the time of her death, you may contact the Surrogate's Office of that County to ask to file a document that will require notice to you if someone presents a will for filing. If no estate has been opened, or you know that there is no will, you may apply to the Surrogate's Office for appointment as personal representative of the estate. The personal representative is responsible for ascertaining all debts and assets and for paying them before any assets may distributed. This is true whether there was a will or not. If your brother is not letting you know about anything and you're concerned that he may be improperly appropriating estate assets, you should engage the services of a lawyer to represent your interests.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Your brother should have already taken action on this. It sounds like you need a lawyer to push him hard to get him to do what he is required by law to do. Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.