Complicated Situation

[David Marciano]

I have an odd and complex situation I need help with.  I have a home that has been in my families possession since 1920's maybe longer.  It has no mortgage on it.  The deed is in my grandfathers name. It states his full name & 1 is what the actual deed says.

My grandfather passed away in 1978. My grandmother was a stubborn old Italian who didn't think transferring ownership or writing a will was something she needed to do. They had 2 kids (my Dad) and My uncle which are both deceased as well. My Uncle had no kids.  NYS Intestate Law says the house is technically owned by My self and my 3 siblings, since my Uncle had no children or spouse.

Question is, the house was a rental property, can I (we) still collect the rent on the house that technically isn't in our name?  Furthermore is claiming the rent as income on my tax return going to look suspicious?  I am trying to get a mortgage and have been depositing the rent checks into my back account all year.  I spoke with an attorney about transferring the deed to us, but he warned us that since my grandmother and father both ended up in nursing homes that medicaid most likely attached Liens to their estates, and going through probate will activate those liens on the property!

Any ideas on what I can and should do?  thanks in advance

[Matthew Kreitzer]

Oh lord, there may be all kinds of probate/tax issues on this property. Consult with a local Probate Attorney to determine what must be done.