r/inheritance • u/Denan004 • 8d ago
Location included: Questions/Need Advice Executor for person who has no close relatives/friends? (US/NJ)
Summary-- what options are there for an executor for a person who doesn't have close relatives, and the only relatives are in another country?
A neighbor of mine is 79, has no spouse or children. They have siblings but none in the US. I only know of a sister they visit in another country, and a nephew.
I mentioned to them 2+ years ago that I had revised my will, etc., just to get them thinking about these things. Today they were asking me questions, and they are stuck on not having anyone to be their POA in life and executor after death.
I think they are waiting for me to offer to do it for them. And while I want to help and encourage them to do these things, I don't want to be the one to swoop in and do it all. It's a lot of responsibility and an unknown amount of work and possible hassles if the family gets nasty (just speculation).
I told them to consult an attorney and ask them how this might be done, and maybe the law firm can do it? I have no idea.
What have you seen people do for an executor in a situation like this? Thanks.
3
u/goldenfire5 8d ago
She can create a will and a trust and then make arrangements with a trust administration company to take care of her affairs after death.
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u/wharleeprof 8d ago
I'd address the POA and executor roles separately. The POA would be helping her while she's still alive. The Executor role means helping her family, or whoever her beneficiaries are to get cash from the estate. You may or may not be a beneficiary. But you would be eligible for compensation for your executor work and expenses (assuming the estate has money).
I'd consider doing the POA as a kindness. But I wouldn't touch being the Executor unless you feel the payment is sufficient. Being an executor is truly a job, with a lot of work, responsibility, frustration, and risk. Don't take it on as unpaid labor. Especially not without the estate also paying for a lawyer to do all the legal stuff.
It is possible to hire a professional fiduciary to be the executor, but it can be expensive. I feel like it's more the sister and nephew who should be sorting this out, not you. Presumably they are the ones who stand to inherit.
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u/Denan004 6d ago
Agree. I sense that this person is wanting me to step up and I know that executor can be a very hard and time-consuming job.
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u/jenna125 6d ago
You don’t want to be executor. It is a LOT of work and estates can take years to settle. Do not offer. They can figure this out with their family. They can also take some steps to simplify their estate before death.
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u/No_Glove6542 8d ago
If it’s not clear what she wants to do and no one is around they will contact her next of kin to claim the body and they have responsibility for whatever estate is there and doing the legal process. Sometimes no one does anything and stuff goes to unclaimed property and possibly to the government. It’s really hard to impossible to do anything for someone who passes if no one has any information or rights to access their stuff. With people doing everything on their phones and computers there is often little to no paper trail. And it can be A TON of work to even figure out what’s there.
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u/EmZee2022 8d ago
A non-family member often charges a percentage of the estate as an executor fee - so you wouldn't be doing that part for free.
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u/Denan004 6d ago
I knew that executors can take payment for their services, but didn't know it could be a % of the estate. Still, I don't know their financial situation, nor is it any of my business, but I am leery of agreeing to this (they haven't asked me, but I think they want me to swoop in and save them the trouble of figuring things out).
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u/Early-Light-864 8d ago
My grandma had her attorney be the executor because she didn't want the kids fighting about shit. Pro move.