If this was done correctly, they cannot touch the property.
Could possibly have been done legally with a disclaimer of inheritance. I’ve used these in estate planning to transfer life insurance from the spouse to the secondary beneficiary, back when the federal estate taxable estate started at $600K.
It stops the heaping of assets in the surviving spouses estate. Can also be used to avoid money going to Medicaid recapture rules where medical bills, including nursing homes, would take the money.
The qualified disclaimer must be executed within nine months of the original owner’s death, ensuring you never accept the asset or choose who receives it.
Key Rules for a Qualified Disclaimer
Written and Signed: Must be a clear, permanent, and unconditional refusal in writing.
Time Limit: Must be delivered to the estate representative or financial institution within 9 months.
No Control: You cannot pick who gets the property next; it must pass naturally according to the original will, trust, or state law (treating you as if you died before the owner).
Zero Benefit: You cannot accept any income, gifts, or use of the property before disclaiming it
You also cannot be insolvent when you execute the document, and states vary on how far back they look for insolvency prior to the disclaimer.