Legal Question in Wills and Trusts in New York

Re: Conteating of will

If the Will is valid, you will receive what he gave to you. A challenge to a Will can always be made, but it has to have substance to prevail.

From what you disclosed, you will get one-half of the house, the other half belongs to the joint owner.

Re: Contesting of will

Any family member may contest a Will, but it does not mean they will be successful. If your facts are accurate, and you can overcome the claim that you exercised undue influence against your friend, you should be successful. A hearing will be necessary. You should win, but there is one potential problem - the Deed registration for the house. You do not say how the joint title reads - joint tenants with right of survivorship, or tenants in common. This distinction in terms is critical to your defense of the will contest. If survivorship rights exist, you could lose the case, but if tenants in common you should get at least 1/2 the value of the house. The will only applies to property not separately registered, like the Deed in two names. I suggest you get a probate attorney familiar with NY real estate law as well, to assist you. At worst, depending how the title reads, you may get the right to continue occupying the house.

Re: Conteating of will

Just because someone contests a will does not mean they will be successful. You do, however, need to get an attorney who handles these types of cases. Do not go it alone in this matter, there is a lot at stake.

The joint ownership of the house could present a problem. If the person is still alive, he may have a good claim against the house. You do need to find him. If he is dead as well, AND the house was held as "joint tenants with rights of survivorship" then you have nothing to worry about. Again, this is a sticky situation, and you need an experienced estate attorney.

Good luck, and I hope it all works out.