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If your father transferred his property to a trust and the trust is valid then the property isn't part of his estate. The language in the trust instrument should control this situation. If the original trustee died the trust instrument should provide instructions for appointing a successor trustee. If there are no provisions for appointing a new trustee then the court would need to appoint one. The will should be examined for any provisions regarding the trust. You should speak with an attorney who specializes in probate.

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17y ago

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