I think the most prudent thing is to acknowledge that the other 10 deserve their share -- once contingent liabilities are resolved. No distribution, or very small, so long as they may be on the hook for amounts that aren't certain.
It's not like this doesn't happen all the time. I am settling an estate in our family where my wife and I get a house on a lake. We have a seawall that we found out needs to be replaced. The rest of the estate has been distributed, but because we don't know how much the seawall is going to cost until they actually tear it out and get started, we are holding back a very large sum of money. It's been estimated it will cost between $125 - $300K. No way are we distributing money only to have to go back in a year and try to get some back if it goes higher. The most prudent course of action is to withhold an amount in excess of the worst-case scenario, see what it costs, and then distribute what's left. This happens all the time in estates, business and partnership dissolution, etc.
WSU and OSU are in the drivers seat, as they should be. So long as they don't do anything dumb, they will get to control the distribution and it's not going to be in a manner the departing 10 like ... tough shit, you are the ones leaving for greener pastures.