Re:

re indemnity

max is worried that if he gives you money that the children will sue him. I am suggesting that the children sign a document that says they agree with the distribution and will hold MAX harmless for making it.

yes, but I think first you should ask max, why he is reticent. and has he heard from the children,? gather all the facts first

And I'm sure he'll say that he is acting on his own, as trustee, without consultation with the children.

he only owes a duty to the other beneficiaries. it is not a state law. issue. if they agree, the issue is moot