Legal Question in Civil Litigation in North Carolina

Talk to a civil litigation or probate litigation attorney. If Mom changed the annuity, you can still sue the brother and have a constructive trust placed on the funds or any assets to which you can trace the funds. As for proof, you would have to prove "undue influence" or lack of mental capacity in your mother. For example, did she have Alzheimer's and not know what she was doing? Or did you brother exert undue influence over her? To prove either, you will need the testimony of your mother's doctors and anyone who was around her from the time she signed things over to your brother.

Also, when were things signed over and when exactly did your mother die? Were both things within the past 3 years or more than 3 years ago?

The other thing that you have to consider is cost. What is the value of the annuity and was it an annuity that ended at death or did it have a survivorship option? If it had an option and could be inherited, what was left? Your mother lived a very long time. Litigation is very very expensive and it will make no sense to spend $10,000 or more to recover $10,000 or less.