Ray this is my planned answer back. Any red flags?
I have given your requests due consideration and have consulted with others that have experience with these matters. The overall conclusion is that I have acted rightly in carrying out the intent of the Trust and the desires of our parents. That is in fact the reason why Mom and Dad chose me to be Successor Trustee. They knew I would act in a fair and balanced manner no matter how hard that might be. Most of all they knew I would not be swayed by the thinking of others and would hold true to their wishes and the historical manner in which they dealt with their affairs. Their credo essentially boils down to; take care of others, don't ask for more then what you have earned and do the right thing.
All of your requests have had the nature of self enriching yourself or seeking some sort of punitive damages against Stuart and myself. Further more your disparaging and accusatory remarks certainly go against their thinking. Frankly this is not what our parents would have wanted. However this sort of behavior was foreseen by them and is the exact reason why there is a disinheritance clause in the Trust.
As for you using data from Zillow as a realistic vs. theoretical is invalid. Many more considerations would have to be made not just what factors Zillow uses. All of which would devalue the property from what Zillow knows of the neighborhood.
It is in fact normal for a landlord to pay for things such as a failed Water Heater and the cleaning of carpets. However I am willing to charge that back against Stuarts distribution as wear and tear on the property, although it is not a normal charge to a tenant and Stuart has agreed. Note that this action does not take effect unless you consent to finalizing the Trust.
Bottom line is the Trust only has so much value. That has been determined.
Should you elect to follow through with your threats to remove me as Successor Trustee or to challenge the provisions of the Trust, certainly could put the disinheritance clause into effect. Case law on these matters historically runs both ways and depends on the Judge. You should also be aware that I have a list of people that will stand up on my behalf and backup what our parents wanted. I strongly suggest you take the deal I have offered and lets put this behind us. To do otherwise would only reduce the value of the Trust of which I'm sure you are aware.
I would really like to finish this in all of our favors, as is. I owe it to Mom and Dad to carry out what they wanted. Simply that their three sons don't fight and share the remaining assets as they desired. This is not about, what should have been or what could have been or what might have been. It is about what Mom and Dad deemed to be right and proper, the fair division of their remaining assets after their death. Lets do it right!