I am pretty sure that would depend on whether the original transfer was a revokable or an irrevokable transfer. Whoever it is that you are asking this question for (the wife or the in-laws) should take the trust and/or transfer documents to an estate planning attorney to review and then advise them accordingly. If you have difficulty finding an estate attorney in your area, then check out the state bar's lawyer referral service (www.vsb.org)
This response does not create an attorney-client relationship and is intended for general information purposes only.
You can do some research in the Circuit Court where the property is located to find out whether any Deeds transferring the property were properly filed and recorded, or you could have a title search done.
I agree with Attorney Mandell. If the conveyance was not revocable, then they would only be able to get the property back if your wife gives it back to them. Whether it makes sense to do that or not depends on facts not stated in your summary.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. *****************************************
I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration.
I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer.
Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!