[widgeon13]

If your mother did not have a will check into "dying intestate" in the state in which your mother lived.

I pulled this off the web:

If you die without a last will (known as dying "intestate"), the state will decide how your property is distributed. In community property states, this means that your community property will be given to your spouse (or domestic partner in some states). Separate property will generally be distributed according to these rules, with variations depending on state law:

It appears that the proceeds would still go to the sons (equally split amongst the brothers) but having a lawyer involved while costly would preclude any problems down the road. There is also the potential that there could be others that have some claim on your mother's estate. You never know what will come out of the woodwork. My MIL died 1 1/2 years ago and we still haven't completely cleared up her estate.