Taxes due on sale: If this was a revocable trust where the assets in the trust were included in the estate, then they would get a step up in basis as of the date of death and in that case there may little or no capital gain tax. (If death occurred in 2010 it is more complicated and beyond the scope of this forum).
Attorney:The attorney is out of line; this proceeds are the trust's property and should be distributed to such trust. If he is concerned bout his fee, it can be paid at settlement table.
Independent Trust Company: You need to review the trust provisions as it may or may not allow for this flexibility; otherwise you need to petition the court for such a change
Expenses: Once again, the trust may allow for this, but you must look at the trust document.
Set Up: The trustee is the only one who can act for the trust.
This situation requires an estates attorney from Texas to do a complete review.
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