A Will With No Executor? Help?

[Bosda_Di_Chi_of_Tricor]

I need a will. But I have nobody I can turn to to be an executor.

My brothers & sister are either unreliable or untrustworthy.

Besides, I’m not leaving them a nickel. It’s going to charity, museums & libraries.
What to do?

[Giles]

Ask a lawyer in your jurisdiction. I’m sure that you will find lawyers or specialised corporations that will do it, but will (of course) take their expenses out of your estate. However, apart from taking their slice of the cake, they would be ethically and legally bound to carry out your wishes, as expressed in your will.

[Rachellelogram]

What to do? Really? You do the same thing laypeople have done for centuries when dealing with legal formalities they have no clue how to accomplish on their own: hire a lawyer.

[Kimmy_Gibbler]

@Bosda_Di_Chi_of_Tricor

I need a will. But I have nobody I can turn to to be an executor.

My brothers & sister are either unreliable or untrustworthy.

Besides, I’m not leaving them a nickel. It’s going to charity, museums & libraries.
What to do?

Note: I am not your lawyer and this message is for general information purposes only. Nothing in this message is to be considered as either creating an attorney-client relationship or as rendering of legal advice for any specific matter. You are responsible for obtaining such advice from your own legal counsel. No reader should act or refrain from acting on the basis of any information contained in this message without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

For single people with no children and very small estates, a state’s intestacy statute will generally do a fine job of distributing property among a decedent’s heirs. In general, those statutes (OK, Illinois’s statute) distribute it thus:

@755 ILCS 5/2-1(d)

If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living.

Since you do not want your siblings to take, you will need a will.

What happens if you fail to nominate an executor?

@755 ILCS 5/6-9

If no executor is named in the will or the named executor fails or refuses to qualify and accept the office or, if after letters are issued the sole executor or all the named executors die or resign or their letters are revoked, ***letters of administration with the will annexed ***shall be issued in accordance with the preferences in Section 9-3 upon petition under Section 6-2 and notice as provided in Section 9-5.

Who can see to become an administrator with the will annexed?

@755 ILCS 5/9-3

Sec. 9-3. Persons entitled to preference in obtaining letters. The following persons are entitled to preference in the following order in obtaining the issuance of letters of administration and of administration with the will annexed:
(a) The surviving spouse or any person nominated by the surviving spouse.
(b) The legatees or any person nominated by them, with preference to legatees who are children.
(c) The children or any person nominated by them.
(d) The grandchildren or any person nominated by them.
(e) The parents or any person nominated by them.
(f) The brothers and sisters or any person nominated by them.
(g) The nearest kindred or any person nominated by them.
(h) The representative of the estate of a deceased ward.
(i) The Public Administrator.
(j) A creditor of the estate.

Classes (a), (c), and (d) are out. Your planned legatees are the charities, musuems, and libraries who take under the will, but I doubt any of them will be too thrilled to administer the will. That leaves (e), if your father survives you, or (f), your siblings, or (i), the Public Administrator, supposing your father, if surviving, or siblings do not petition for letters of administration—and they very well might not, if they do not take under the will.

An estate lawyer (or even perhaps Legal Aid) in your jurisdiction will know if you can nominate the Public Administrator as your executor in Tennessee (Tennessee might not have such an office).

[Folacin]

Assuming you’re going to use a lawyer to draw up the will (not everyone does, but I’d guess leaving things to institutions instead of people might make it a good idea) - ask her when you talk about where your assets are going.

[Bosda_Di_Chi_of_Tricor]

Got an appointment with an attorney.

[RealityChuck]

Zombie attack reported.

[RTFirefly]

Obviously this is moot now, but I’d have suggested to the OP that he ask a trusted friend to be executor. Preferably a friend he expects to outlive him.

[lavenderviolet]

@RTFirefly

Obviously this is moot now, but I’d have suggested to the OP that he ask a trusted friend to be executor. Preferably a friend he expects to outlive him.

And if you don’t have any friends like that, I do think it’s a good idea to try to make a point of trying to befriend someone younger than you that you can trust.

If I expected to remain single and childless for my whole life, I seriously would go out of my way to try to make friends with some young people and try to find someone trustworthy and honorable. It’s actually quite important to have someone who can speak up for you and advocate for you when you’re too sick or senile to speak up for yourself (medical decisions and so on).
I don’t think most people really think much about that before the situation comes up, but I seriously think with all the people out there nowadays who never marry or have kids that it’s something that people should make a priority.

[Suburban_Plankton]

You should be able to get one of the Mods here to do it. Isn’t that one of the Charter Member perks? You just need to leave a small stipend for the care and feeding of the hamsters.

Or, call a lawyer.

[Spoons]

I know it’s an old thread, but I guess I missed it the first time around. So I’ll add the fact that, as I recall, if no relatives or friends are willing or suitable to be your executor, it should be possible to have your lawyer act as your executor. Check with a lawyer in your jurisdiction to be sure.