The interpretation of the standards of distribution can be challenged in court when disputes arise between the trustee and the beneficiaries over disbursement of funds. Qualified attorneys specializing in trusts and estates will carefully weigh all the issues when drafting a trust document and will take time to understand your particular situation.
If provisions in the trust are so broad that trustees have too much discretion over distribution of funds, beneficiaries may be treated by the IRS as the owners of the trust property and taxed accordingly. . Too Much Discretion May Come at a Cost Trust documents employ carefully crafted language to balance the wishes of the grantor with the tax consequences of the provisions.
So this stuff does happen, beleive me.On the flip side, standards left to interpretation by the courts may mean your beneficiaries are not cared for according to your wishes.
It seems like most listing agreements state that the commission is owed if the broker presents a willing and able buyer, and that if the seller backs out, the broker would be owed a commission. However, it also states that all sellers must sign the listing agreement, and the property can't be sold without the agreement of all sellers. I have no idea how that would translate to a trust though. But, you may have a valid argument that the original listing agreement wasn't valid because not all owners signed it.
I would be really interested to hear how this all works out. Please update if you can.
I really hope you don't have to pay a commission, it seems very unfair.
However, I am not an attorney and some things work differently in different areas, seems that you need to consult one.