Estate Taxes - irrevcable trust

Question - live in virginia.
My father-in-law passed away and left an estate of $800,000.
During my father-in-law's lifetime he made an irrevocable trust in the amount of $200,000 (that is from the 800,000). He did this for my brother-in-law who has not held a job and wanted this trust to disperse monies each month so he would have food and a place to live. My husband is now in process of paying estate taxes - we need to know if this $200,000 trust would be added to estate or not. The $200,000 is in the $800,000 amount? Thank you in advance for any assistance you may give.

An irrevocable trust when created is generally a taxable gift. Was a gift tax return filed? The estate tax issue is complex and depends on the terms of the trust -- you should see a trusts and estates attorney in VA. Good luck.