Generally speaking, as a devisee of a will, you should be entitled to a copy of the will. Somebody in your situation would want to request a copy of the will. If that doesn't work, get a lawyer involved. And then have a lawyer review the will to determine what your entitled to of your father's estate. The will might even say that the mortgage should be paid from the remainder of his estate.
This is not legal advice. This is to be used for educational purposes only.
Attorney Famulary has provided you with solid advice. Your first step is to obtain a copy of the will, which should be on file in the probate court serving the town or city in Virginia where your father resided at the time of his death. You will also wish to retain an experienced Virginia probate lawyer to review this matter for you and to make sure that your brother is acting appropriately. Unless you're willing to allow your brother to do what he wants with the estate funds, you'll need an attorney to protect your interests. Good luck to you.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
Different states have different procedures. In NY, no will can be probated and no distribution of property can be made until all interested parties (even those not named in the will--but who might have a claim against the estate) are noticed and a Citation of consent is issued. Obviously, that is not the rule in VA. You have to get an attorney in VA to look up the will, review the status of the estate, and take whatever appropriate action is needed. This can only be done from VA. You should also know that the Executor generally has to give an accounting to the court upon completion of the distribution of the assets, unless VA law states differently.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney