Legal Question in Wills and Trusts in Kansas

Sorry for your loss, only compounded by finding the improper use of her funds, very sad. In your detail you did not indicate whether the funds were withdrawn before or after her passing, which can make a difference in how to proceed. A real key question is under what authority did your brother take the funds; as a joint owner of the account; as an agent under a power of attorney; with her permission? There are many questions to address before deciding how to proceed. If there is an actual theft of funds from your mother, you could involve the county district attorney. Depending on now busy the district attoney's office is, you may or may not get much desire on their part to prosecute. If the family wants to take action, I would consider filing to open a probate administration; having you apppointed as executor (if your mother had a Will), or as administrator (if she had no Will). Then, you could file a petition for discovery of assets, bring your brother into the action, etc. I will be honest that such an action can be very expensive, both financially and emotionally. In addition, if your brother does not have the funds, or other funds, even if you obtain a judgment, it may be difficult to collect. Best of luck and don't hesitate to contact me if you want to discuss the matter further.