Estate Law Questions? Ask an Estate Lawyer.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that I do not understand. Who has a will your brother's will or your mother's will? Your brother is the executor of the will and is not honoring your mother's will? It is very unclear above, because if your brother is still alive then his personal will does not matter as it is not effective.
If you would like a phone call I have sent you an offer for that.
You would not have a ground to challenge his will unless you can prove that at the exact time he wrote his will he was not mentally competent to do so. If you can show that when the will was written by your brother, he lacked the mental capacity to be aware of what he was doing, then you would need to present medical evidence of that to the court and you could get his will invalidated. In getting his will invalidated though, that means that everything he has goes through intestacy and that means it goes to any surviving spouse and children/grandchildren of your brother.