Legal Question in Civil Litigation in Michigan
Possession of property question
Six years ago my father-in-law was battling cancer. My in-laws did not have much insurance, but had property that could have been sold for money. Instead of allowing the hospital to come after their assets, my mother-in-law was advised to sign over the cars that they owned to their three children. Now that years have past, and the cars have been sitting at my mother in laws, my sister in law recently broke into her garage and took one of the vehicles that was in her name. My question is: Is the car my sister-in-laws by law, because the title is in her name? What are my mother-in-laws rights to the car, if any?
2 Answers from Attorneys
Re: Possession of property question
What your mother-in-law did was commit a probable fraudulent transfer of property to avoid paying a debt. It was a BAD IDEA!
She would have to admit to that in order to have any chance of reversing the transfer which probably wouldn't work and is another BAD IDEA which could result in criminal charges against her.
William Morrison
Re: Possession of property question
Your MiL created the situation, and that's what happens. Sis has title, she owns the car.
On the other hand, the trespass was not appropriate, and she can sue for any damage to her home caused by the break-in.
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