The SIL has no $. There is one other SIL and their brother, which is my husband. The SIL that keeps saying the house is hers, EXISTS in the house with her father. He has not bathed in months at a minimum and she doesn't take care of him. The other SIL lives far away and has no interest in the house. Live-in SIL claims her dad has put the house in her name. She will never be able to pay property taxes let alone for utilities and food. Will probate court require the house to be sold and the money split three ways? If my husband wants the house, does he have to pay off both of his sisters?
If the will leaves house to descendants equally, then it most probably need to be sold & proceeds split. Or if one descendant wishes to buy, that person pays out the other shares.
I am usually a planner, but in this case I say ignore your SIL's talk about the house. Ignore all of it. I get you may be worried your husband will be ripped off - but he will have to deal with it - if it even happens.
Discussions over money, houses & wills can bring out the most ugly side of families & ruin relationships forever.
The house is not hers just because she cared for him, not even when Medicaid is involved. She may be able to file Caregiver rights but I think she also has to prove she can afford to pay bills and upkeep. She would be allowed to stay there but a lean will be put on the house when Dad dies. If she is allowed to stay, and again she may have to prove she can pay upkeep, if she dies or leaves, the lean will need to be satisfied. And if Dad needs Medicaid within 5 yrs of the house being turned over to her, then Medicaid may require it to be turned back to Dad. I would talk to Medicaid in ur State. Each state criteria is different.
So first you need to find out whose name is on the deed. Besides going to the County clerk the tax bill may show who is on the deed. Not sure who informs Tax Dept of deed changes. Just know that my DH owned the house as a single man and his name was the only one on the tax bill till he put my name on the deed and now its both of our names.
Now Sheriff sale was mentioned. You don't always get a bargain on a Sheriffs sale. I know a couple who remortgaged their house
for 200k to help a son on drugs. They lost the house, didn't pay taxes. By the time it went to Sheriffs sale the County wanted over 200k for the house to pay all the debts. House was not worth that.
Probate. Does Dad have a will? If you find out that he did not change the deed, then the Executor will Probate the will as it stands. So if it says the house is sold and the proceeds and assets are split 3 ways then thats what will be done. If your husband wants the house, then he will need to buy his sisters out at Market Value. If the house is worth 150k then he will need to pay each sister 50k. If he left the house to ur SIL then thats the way it will be. But seeing the deed will determine where u go from here.
So many people forget to title things properly and make a mess out of their estates.
That is why a pour over will should be part of every trust. This allows that everything goes to the trust and then is distributed according to the trust.