Legal Question in Wills and Trusts in New York

First, unless the Surrogate's Court issued Letters, your brother would be unable to have access to your mother's money.

Second, you are entitled to a full accounting from your brother who is acting as the executor. You are entitled to challange his accounting and receive all information as to assets received and distribution by the executor (your brother).

Mike.

While I agree with Michael, if your suspicions are true, you may be eligible to do your own research. Check to see the past few years tax returns filed by your mother. If any accounts were interest-bearing or other possible assets produced taxable income, this would show up on her tax returns. As Executor, your brother has the fiduciary responsibility to accurately, completely and honestly report to all beneficiaries of the estate the details of the estate, from what assets exist, to what income and expenses exist, what assets might have been sold or liquidated to pay bills, etc. Failure to accurately and honestly report can subject the Executor to penalties. One month is a short time, but he should keep yopu advised periodically on what is happening, both as the Executor and your brother. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.