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Will listed me as Executor and Trustee

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sheri714

Junior Member
What is the name of your state (only U.S. law)? I'm inIndiana but I think the questions I ask pertain to Texas since that is where te will and assets are.

What does it mean to be Executor and Trustee?
What can I do if the will has inconsistancy's in it? For example, I am listed as the Executor and Trustee and it states that 100% go to me but at the same time it lists the 2 children as beneficiaries and that after I divide assets between children I am to recieve 100%. My problem with this is isn't 100% of 0 still 0?? We all know that he did not intentionally cut me out of the will, it is the way it was written that one concludes this.

The other matter is when he died, his father had me sign over my executor and Trustee positions to him 2 days after his suicide. I was given a truck by my Fiance (deceased), and after his death, his father told me not worry, that nobody is going to take my truck away from me even if he had to pay for it for me. I called him on Fri. to ask his father to help me get a loan to pay off my truck so I could get the title in my name and register the truck because the registration is now out of date. He told me No, and that he didn't have any money, that there is no money. He said he would call his attorney and see what could be done and he would call me sometime this week. But he called me the very next day and asked me if I understood what it means to be Trustee...and that he wanted me to look into what it means and what my responsibilities are and that I would be responsible for the next 28 years for all the taxes, back taxes, etc., etc. He also told me that if I were to relinquish my position as Trustee that he would pay off my truck and give it to me with my name on the title.
Now then, He keeps telling me there is no money and only headaches. But I can't help but wonder what taxes I would be responsible for if there is nothing to pay taxes on?? Plus, I was in the meeting with my Fiance, his father, and the attorney and the assets and money were revealed. At that particular time, there was 1.8 million dollars that had been acquired from the natural gas company that is drilling on the land. They found natural gas and believe it to be one of the largest pockets of natural gas ever tapped into. The 1.8 million was to ensure they could drill for the next 2 years, it doesn't include any monies for the natural gas itself. Anyway, my point is there is money, lots of it, and I was in the room while it was all being discussed.
Now, I was never interested in marrying my Fiance because he had money, I never bothered to even find out about it. My fiance used to tell me he was trying to prepare me for what was about to happen. He told me that our grandkids grandkids would be affected by it. He also always told me that all he ever wanted was to make me happy and take any and all financial worries and stress away from me forever. He also trusted that I would make sure his boys were taken care of and that they got what was theirs. He didn't want his ex-wife to be able to get anything, he knew she would use it only for herself and not the boys.
I don't know what to do...I need to understand what the will really says, am I still the Executor and Trustee? (since I signed his fathers request in duress), what does it all mean? will I still get my truck? How can I pay for it? Do I get compensation for being Executor and Trustee? And WHY is his father offering to give me 13 thousand dollars if I give up the positions???
PLEASE HELP....
 


anteater

Senior Member
I'm inIndiana but I think the questions I ask pertain to Texas since that is where te will and assets are.
The question is: where did your fiance reside? That's where the action takes place.

What does it mean to be Executor and Trustee?
An executor administers a probate estate under the supervision of the court according to state probate law and the provisions of a will. A trustee administers a trust. A trust is a legal entity in which a trustee holds title to assets for the benefit of others and whose administration is governed by a trust document.

If your fiance had not already created a trust and funded it with assets, then perhaps a provision in his will calls for creating a trust.

Signing anything without understanding is bad. And now you claim that it was "in duress." Was someone holding a gun to your head?

Take what documents you have and consult with your own attorney.
 

sheri714

Junior Member
to anteater

Thanks for your definitions, and the problem is that Idont have the documents about the assets and stuff, I only have the will. And what I meant by duress is that I WAS IN SHOCK...my fiance took a gun to his head and blew his brains out IN FRONT OF ME! So I have to say that your response in asking me if someone held a gun to my head was extremely inappropriate!! You could have asked in a different way, but you didn't, and NOW YOU KNOW what the duress is.
 

anteater

Senior Member
Thanks for your definitions, and the problem is that Idont have the documents about the assets and stuff, I only have the will. And what I meant by duress is that I WAS IN SHOCK...my fiance took a gun to his head and blew his brains out IN FRONT OF ME! So I have to say that your response in asking me if someone held a gun to my head was extremely inappropriate!! You could have asked in a different way, but you didn't, and NOW YOU KNOW what the duress is.
I apologize for that.

Take the will and consult with an attorney.
 

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