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If the will has been filed in probate then you can contact the court to obtain a copy. If your brother refuses to file the will for probate then some other family member should petition the court to be appointed the administrator of the estate as though your mother died without a will. It is likely that your brother would then produce the will. If not, the court should be made aware of his possession of the will and refusal to file it.

It is illegal to withhold a will from being probated. You should consult with an attorney who specializes in probate who could review the situation and explain your options.

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