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Trustee Obligated to Support a Will?

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Junior Member
What is the name of your state (only U.S. law)? California

A family living trust broke into the Family Trust (irrevocable) and the Survivor's Trust upon the death of the first Trustor. Due to a disagreement among beneficiaries, a court appointed trustee was appointed to administer the Trust. Before the Surviving spouse passed away, she disinherited one beneficiary from her Survivor's Trust by executing a Will and left her assets to the two other beneficiaries. The Will nominates an executor but has not yet been probated. The Trustee is trustee of two trusts: the irrevocable family trust and the Survivor's trust which emptied itself of it's sole asset by Will effective upon death.


After the death of the Testator, is the Trustee obligated to support and defend the Will from attack by the disinherited beneficiary, or must he remain neutral until the Will is probated?

I understand that the probate petition approves the executor who governs over the terms of the Will, but do not understand if the Trustee's is obligated to support the Will before the Executor is installed, or during a lengthy Will Contest.

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