Legal Question in Wills and Trusts in Kentucky

I think you already answered your own question. If your mother, upon her death, had no assets, then there is no inheritance: there is nothing for anyone to inherit. Nothing divided by two is nothing, so the question of who has inheritance rights is moot. You get nothing, your brother gets nothing, and there is no need to probate the will because it would just be a bunch of paperwork for nothing.

Often times, when we own property, we co-own it with someone else, and that is called "joint tenants with right of survivorship." For instance, if I die, my house does not become part of my estate, because my house is also owned by my husband. He automatically assumes full ownership of the house without having to inherit it. Even if I have a will that states that all of my property passes to my brother, my brother does not get the house, because upon my death, it was no longer mine to give; it's now solely my husband's. The same goes for other assets, such as bank accounts and vehicles. If your mother did not own any of her assets solely, as you have stated, then she did not have the ability to will them to anyone else. The joint owner of the asset assumes full ownership, and subsequently, your mother's estate is without any assets to pass on, making you and your brother beneficiaries of her estate, without anything to actually inherit.