Legal Question in Civil Litigation in California

No, you cannot have a special request before she passes away because it is in a will. But if your brother and his fiancee in the future do not follow her expressed in the will, you can bring a lawsuit at that time.

You could, in the alternative, try to convince your mother to gift or transfer to you what you want outside of a will now while she is alive.

Larry L. Doan

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Unless you can negotiate something now between all the parties, you'll have to wait until she passes, then file a probate Petition for division of the property. IF, IF, you believe she is being taken advantage of, you could consider filing a Guardianship or Conservatorship Petition if needed to protect her and her assets. If serious about getting legal help in this, or consulting to determine what needs to be done, feel free to contact me.