My SIL keeps saying she's getting her parents house when my FIL passes (MIL recently passed). What does probate law say?

Where I live if there is a trust that supersedes any will and then it will not have to go to probate.

Yes, the deed is on file. I don't think at this time you need a lawyer unless you feel she had her Dad turn over the house when he wasn't able to make that decision.

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.

Go with husband to elder law Atty. Each state may have different variations of the law. If she lived in/took care of fil for at least 2 years...I believe it’s hers. However, that may be the law for Medicaid purposes...make sure by seeing Atty. Hugs 🤗

If you're really curious if she owns it: her county clerk is responsible for maintaining public records such as property deeds. You can see the clerk to request a current property deed, which should have the owner's name listed. But every county is different so it may not be that simple or easy, but it is possible. Also, there are title search companies that can do it for a fee. If you do find the title and it is in her name, check the date of when she acquired it to see if it coincides with your FIL's cognitive abilities (you don't mention his age or his mental condition). If you can prove it was transferred after he was formally diagnosed with dementia, you may have a case. If she owns it legitimately, then you'll know not to waste any time pursuing it. Just wait for the Sheriff's sale when she can't pay her property taxes. If she's not listed on the title, then you'll have to wait for probate if your FIL doesn't have a will. If SIL is not taking care of herself maybe she's the one with cognitive decline and your hubs can consider getting guardianship of her through the courts. If she's not taking care of her father and just draining him of his money and she's not his durable PoA, there may be a legal case. If it's a dumpster fire then hubs can report them as vulnerable adults to APS. Or, don't do any of that. It's very hard to be on the sidelines, especially if hubs is worried about his dad (and maybe even his sister). But without legal authority, there's not much that can be done.

Depends who's name is on the house title. If hers, it's hers. Depends on instructions on the will. If he wills it to her, it's hers.

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 won’t go through probate if it’s in her name. I don’t even know if would have gone to probate if it in her parents name when MIL died-because your FILs name was on the house so legally it was his when MIL died.

If he put the house in her name, and was competent when he did so, yes gets the houses.  It will likely eventually be taken over by the city or town.   You should check when if the transfer was made.