Update and a question...
Brothers kids are still in the house and won't allow access to property for anyone.
A "heads up" letter went out from my lawyer to him saying I, as the trustee, intend to distribute the house to him once an appraisal is complete. If he refuses, eviction proceedings will start. No word from him, which I thought was odd. More on that later.
The appraisal was completed, so now the lawyer sent me a "proposal" letter telling my brother he gets the house and I get the investments on whatever date. If he does not agree with this, eviction proceedings will start. The letter clearly said "proposal". I rewrote the letter with any "proposal" language removed by simply saying on this date, the house will be distributed to you, and it is up to you what you want to do with it. I haven't heard back from the lawyer as it was late on Friday.
Previously, the lawyer agreed the trust says I can distribute like and unlike assets. Any reason why the lawyer keeps wanting this as a "proposal"? Of course I will ask the lawyer and insist the house is simply distributed and that's that. Can my brother come back at me for doing what the trust says?
Oddly, I think my brother wants the fight. He wants the eviction proceedings. That's why he just ignored the first letter. This is very typical of how he operates. Then he can sit on a barstool for the next 20 years and tell everyone how wronged we was.