Legal Question in Wills and Trusts in New York

My condolences on the death of your father. Under NY law of intestate distribution, the surviving spouse, (your mother) is entitled to $50,000 plus one-half of the balance of the estate. You and your siblings are entitled to share the balance.

The money in your brother's name may just be your brothers. The only way to contest his ownership would be to sue to impose a constructive trust on the account.

This might be problematic as to the question of proof.

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I agree with Arnold that the question is problematic and unless some agreement is reached with your brother litigation may be necessary. No information is given why the funds were put in your brother's name or how the account was registered (brother only or father and brother). Unless there is a renunciation by your mother, and presuming your brother is willing to turn the funds over to the family, if the funeral expenses are paid from that account, most, if not all, of the money will go to your mother. I also agree that if your brother is not willing to turn over the account, you need to act promptly before the funds are gone.