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Help! I can’t find an executor for my estate

On Behalf of | May 3, 2023 | Estate Planning |

When you set out to do your estate planning, thoughts turn to whom to appoint as executor of the estate. You may have one or more people in mind, but when you ask them to accept the appointment, they all have excuses for why they can’t do it.

What could this mean? They are your friends in life. Would they really let you down after you have passed?

They might if you have an uncontrollable beneficiary

Consider it a red flag if none of your family or friends is willing to be the administrator of your estate or trustee over a beneficiary’s funds. That could mean that whether you’ve acknowledged it or not, you have a potentially problematic beneficiary. 

 Presumably, your chosen appointee knows your family and beneficiaries. That gives them insight into how they will act and react to decisions you make in life and detail in your estate plan documents. If they anticipate that one of your heirs will make their job a nightmare, they are well within their rights to refuse the appointment.

What options does that leave you?

In some cases, you may wish to exert a light version of dead-hand control, wherein you insert a clause in your will or other estate planning documents that anyone who contests the terms of your estate shall receive no proceeds from it.

Choose a professional to manage your estate

Rather than create ill will between family members or friends, it may be preferable to choose a professional estate planner to act in the capacity of executor or trustee over your estate. This person will have the experience and tools to quell any acrimonious dissent from your heirs or beneficiaries and allow your estate to be administered as you intended.