You have a number of options if you don't wait too long. Any "interested person" can apply to have a Will probated even if that person is not named as Executor in the Will and even if that person does not have possession of the Will. You will need to consult with an experienced probate lawyer to do this. You may be able to apply to have the Will admitted to probate but also contest the appointment of your brother as Independent Executor. If your brother has already started disposing of assets in a manner contrary to the Will that would be grounds for him to not be appointed Independent Executor. You need to see a lawyer NOW. Do not wait. Failing to take action after you become aware of wrongdoing could waive some of your rights.
DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
It is the executor or person in possession of the will's responsibility to probate the will. The executor named in a will is NOMINATED to be executor, when the original will is presented that person is appointed. If you feel that he is not carrying out his duties you need to hire an attorney right away to compel him to do so or have him excluded from serving. You must have an attorney.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
It sounds like you definitely need to talk to a probate attorney and give them all of the facts so he or she can discuss your options. If you have concerns that money is being mismanaged, it may be better to be overly cautious than wait until it's too late.
The Coquat Law Firm is based in San Antonio, Texas and answers questions on AVVO.com for general information purposes only. Attorney answers are intended to be informative only and do not establish an attorney-client relationship. If you would like to hire an attorney from The Coquat Law Firm, please see us online at www.CoquatLawFirm.com or call us at 210-745-0144.