Estate Law Questions? Ask an Estate Lawyer.
Good morning let me address each question in turn.
1. There would be a conflict of interest and breach of fiduciary duty to the extent the trustee acts for own self interest over trust.
2. The claim should be pursued on discovery but not more than a year from the tort to preserve all claims.
3. It would pay to surviving partner per terms on account and trust. The custodian and account information should be disclosed for clarity to you and you should receive accounting of same.
Kindly let me know if the answer is fast and clear.