Legal Question in Wills and Trusts in Kentucky

Re: Trust Fund Question

If a trust has been set up prior to your father's death, or if a trust is to be set up pursuant to the provisions of the will, then those documents control what happens when your brother passes on. However, if your father did not have a trust set up before passing away, and he has no will, or the will does not set up a trust, then there is no "trust" per se.

You need to take your documents to an attorney and seee what they say.

Re: Trust Fund Question

I take it from your question that your father's estate has been administered through probate. In which case, the law of the state where the probate court is located will determine what happens. In Indiana, the terms of your father's will or trust will determine what happens to any money left after the death of your brother. Look for a residuary clause. If there is nothing said about a remainder, then it would be divided equally among your father's children (grandchildren would take any portion which would have gone to their predeceased parents).