...My Will has all my children in a Trust so it would be managed by the trustee...end of any disagreements as the trustee has the last word. But as far as one or two of them falling on hard times and not being able to afford their share of maintenance, and property tax, I can see the problem.
Actually, no, the trustee does NOT necessarily have the last word. I saw this first-hand when I worked in a CFP's office. He had a client who was "second-generation", e.g.; his parents had been clients. We'll call him Jim. Jim also became one of our clients, but his sisters were not.
Jim had 2 sisters, both adults. He was financially stable, as was one of his sisters. The youngest sister, let's call her Bea, was not.
As usually happens, the father died first. House was the main asset in their RLT. Mother named Jim as co-trustee. Everybody was fine with him helping manage the house and mid-sized investment account (mostly the life insurance proceeds from father's death).
Bea had very little work experience before marrying; marriage was rocky then went bad. She finally divorced the low-lifer. No job, no alimony, no place to live. Makes perfect sense for her to move back to her parents' home, help aging Mom out, and everybody is fine with the idea. This goes on for about five years.
Then Mom dies. Trust says all 3 kids share equally. Not much money left, but house has zoomed in value. Even with original kitchen and bathrooms, it's easily worth $700K due to desirable location. Hot RE market, no need to do anything but superficially clean to sell it in a week's time, max.
The house essentially IS the trust. It's the only major financial asset. It MUST be disbursed equally to the 3 kids. That is the fiduciary duty of the trustee. Jim is legally liable to the heirs.
Unless you know how to carve up a house like a roast turkey but keep the value intact, this means the house must be sold. There's only one problem:
Bea refuses to sell. She has no money to buy her siblings out. She flat-out refuses to move.
Jim and sister #1 try to be reasonable. They are busy people; they have careers and families. Jim has a net worth of almost $4M but it is mostly in RE because he's a rancher; he lives almost 2 hours away from his parents' home. Like most people he has a limited cash flow – he lives comfortably, but not lavishly.
Bea continues to refuse to sell. "We grew up here, I can't bear it to be sold!" Meetings became more acrimonious. Jim is having to maintain the value of the estate because it can't be disbursed so the trust can wind up. Utilities and property taxes are beginning to eat away at the cash.
Bea hires a lawyer. More negotiations. Even the lawyer thinks Bea is being unreasonable. Finally they get Bea to agree to at least
divide up the remaining cash. Then, she says, she will negotiate on the sale of the house.
The remaining cash was something like $157,859.21. Divided 3 ways, it doesn't come out evenly:
$52,619.73 in 3 equal portions, with 2 cents leftover.
Bea refused to accept the division. "It has to be split up exactly into thirds!"
Both Jim and sister #1 said they would give her the extra 2 cents. Just sign the papers, please! At this point it had been going on for almost a year.
Bea refused again and had the lawyer file suit against her brother for misuse of estate funds.
This means Jim has to hire a lawyer for the estate (more expenses!) to defend himself.
Jim was trying his best not to be the villain. He had appreciated her helping out with Mom but she was becoming more unreasonable, not less. He had held off filing eviction on his baby sister but at this point he is watching the value of the estate drop. The RE market has suddenly turned downwards. As a fiduciary he cannot no longer keep this as a "family matter."
Bea was evicted after six very nasty months. By now the RE market is definitely in retreat. Bea left a mess; the house had to be cleaned up, repaired, staged, and was finally sold for a much lesser price.
The estate had to bear all the legal and RE expenses, including yet another year's property tax payment.
(BTW, in case you're not aware, a trustee is NOT paid for their time, unless specified in the trust. Thus, Jim spent dozens of hours unpaid over the 18 months.)
End result:
-- $300+K in cash had dwindled to barely over $80K total, to be divided.
-- Instead of clearing $660K, profit from the house fell to $485K.
....and Bea still had yet to pay her legal fees!
Needless to say, the breach is permanent. Neither Jim nor his sister has ever spoken to Bea again. Neither their parents nor they had ever imagined such a thing happening.