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Executor is suffering

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Critical Mass

Junior Member
What is the name of your state? Pennsylvania

In 2001, my friend (I'll call him Alex) moved in with his elderly grandfather to help take care of him. In 2004, Alex and his grandfather brought in a lawyer and redid the Deed of the house to put both of their names on the Deed as a joint survivorship. Prior to this, Alex was named executor of his grandfather's Will, and was granted power of attorney.

Within a few months of the Deed being changed over to include both of them, Alex's grandfather passed away. The Will, which was drawn up in 1996, listed two related beneficiaries that Alex hasn't associated with in years (drug addicts) to each get funds. Since the Will was written however, the money was used up over the years. By the time Alex's grandfather passed away, there was nothing left except for the house and mortgage. Alex was told by friends that since there were no assets to divide up, and his name was on the house he needed to do nothing. He only recently found out he had to pay an Inheritance Tax, and someone mentioned the Will would have to be "probabted".

Alex, knowing nothing about the law, took the will to City Hall. He was informed by the Register of Wills that since he was listed on the Deed he was therefore granted the house, and there was nothing else left to divide up, so there was no need to probate. He would, however, have to pay a penalty on the Inheritance Tax. Problem is, they also informed him that the Will he has is NOT an original. This is the only copy Alex has, and he has no idea where the original might be despite searching for a week. He was told he would have to hire a lawyer to petition the court to accept the copy.

Alex wants to do the right thing (pay the taxes on his half of the house) but is now concerned that by paying the taxes on this property, redoing the deed, and having the lawyer petition the court to accept the copy of the Will would bring the other beneficiaries out of the woodwork (they didn't even show up at the funeral, and feels they don't care about the death), and he is now concerned he might be forced to sell the home to pay them off.

a) Does the Will need to be probated if there is nothing left to distribute?
b) Can the taxes be paid, and the grandfather's name be removed from the Deed without the original Will?
c) Alex wants no contact with the other beneficiaries. Will any of these actions cause Alex to have contact with them?

Please let me know if there is anything else he needs to be concerned about that I haven't mentioned! Thank you for your time!
 



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