In California, depending on the language in the trust, the balance will likely go to your brother or to your heirs, regardless whether you have a will which specifically leaves it to your spouse. If the trust says any undistributed amounts go to your brother, then that is what will happen and there is no Will or assignment you could devise that would defeat that; it isn't yours to give away, its what your parents decided would happen with their money.
Answered on Oct 06th, 2016 at 6:13 PM