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Proof of residency

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aussieglamm

New member
Hello, my question is this. Does having your name on the utility bill prove residency. Here in the background to qualify this question. For the past five years I have lived with my parents and been their caretaker around the clock. Both of them passed within a year of one another. The will that we can find says the property and house are to be sold and split theee ways. My sister has moved in because her house burned recently. I mean moved in with me in mom and dad’s house. I realize I am going to have to move when we sell. My brother is fine with me remaining in the house until that time. My sister has decided to tell me she has a much right to be here as I do. If she refuses to leave, which I suspect she will, does the fact that I’ve been on the utility bill for a while and actually paid it since mom passed. Would that give me a “leg up” in so much as I am actually a known resident in the house?
 


quincy

Senior Member
Hello, my question is this. Does having your name on the utility bill prove residency. Here in the background to qualify this question. For the past five years I have lived with my parents and been their caretaker around the clock. Both of them passed within a year of one another. The will that we can find says the property and house are to be sold and split theee ways. My sister has moved in because her house burned recently. I mean moved in with me in mom and dad’s house. I realize I am going to have to move when we sell. My brother is fine with me remaining in the house until that time. My sister has decided to tell me she has a much right to be here as I do. If she refuses to leave, which I suspect she will, does the fact that I’ve been on the utility bill for a while and actually paid it since mom passed. Would that give me a “leg up” in so much as I am actually a known resident in the house?
No. You would still only own 1/3, according to the will.

What is the name of your state?
 

adjusterjack

Senior Member
Would that give me a “leg up” in so much as I am actually a known resident in the house?
No.

She has as much right to live there as you do. Which actually is zero for both of you because the will ordered the house sold and the proceeds divided three ways. Which means that it should have been put up for sale immediately and neither of you should be living there.

You've been living there free when you should have been paying rent to the estate. Now she should be paying rent to the estate.
 

quincy

Senior Member
The house may have a mortgage that needs to be paid, in addition to the utilities that aussieglamm apparently has been paying.

As for moving out, it is probably better to have the house occupied while it is marketed for sale.
 

adjusterjack

Senior Member
Once it is listed with a realtor it's best for the house to be cleaned out, prettied up, and the occupants elsewhere so it's attractive to potential buyers.
 

quincy

Senior Member
Once it is listed with a realtor it's best for the house to be cleaned out, prettied up, and the occupants elsewhere so it's attractive to potential buyers.
Actually, contrary to what-seems-to-be popular belief, a furnished home sells better than an empty one (assuming the house is not cluttered or smelly). “Prettied up” is good, though.
 

Zigner

Senior Member, Non-Attorney
No. You would still only own 1/3, according to the will.
I feel like starting the day with a little pedantry: According to the (paraphrased) portion of the will that the OP cited, the OP wouldn't have any ownership stake in the house. The estate owns the house and the OP is entitled to 1/3 of the net proceeds once the house sells.
 

Just Blue

Senior Member
I feel like starting the day with a little pedantry: According to the (paraphrased) portion of the will that the OP cited, the OP wouldn't have any ownership stake in the house. The estate owns the house and the OP is entitled to 1/3 of the net proceeds once the house sells.
Zig, you are The King of Pedantry!

:D
 

adjusterjack

Senior Member
Actually, contrary to what-seems-to-be popular belief, a furnished home sells better than an empty one (assuming the house is not cluttered or smelly). “Prettied up” is good, though.
There is this thing now called "virtual staging" where the computer puts furnishings into the interior photos but the home remains turnkey.

Realtors like it.
 

quincy

Senior Member
I feel like starting the day with a little pedantry: According to the (paraphrased) portion of the will that the OP cited, the OP wouldn't have any ownership stake in the house. The estate owns the house and the OP is entitled to 1/3 of the net proceeds once the house sells.
Ahh. Always like pedantry in the morning. But your point is a good one. :)
 

zddoodah

Active Member
Does having your name on the utility bill prove residency.
The utility bill in your name is not relevant for any purpose relating to your post.


Both of them passed within a year of one another.
When did each of them die (month and year are sufficient)? How is the house titled (be specific and include the language on the deed after their names)? In what state is this happening?


The will that we can find says the property and house are to be sold and split theee ways.
"Will"? Singular? If there's only one will, whose will is it? Or was it some sort of joint will? Has anyone done anything to probate either of the estates?


My sister has moved in because her house burned recently. I mean moved in with me in mom and dad’s house.
When did she move in (month and year are sufficient)?


y sister has decided to tell me she has a much right to be here as I do.
"Decided to tell" you? I assume this means that she actually did tell you this. Do you disagree with her? If so, why?


If she refuses to leave, which I suspect she will, does the fact that I’ve been on the utility bill for a while and actually paid it since mom passed. Would that give me a “leg up” in so much as I am actually a known resident in the house?
No (and I don't understand your comment that you are "actually a known resident in the house"). The house, which is presumably titled in both of your parents' names, is owned one or both your parents' estates, and it appears that you and your sister are tenants of the estate(s). Based on what you've told us, neither of you has any more or fewer rights than the other regarding the property.
 

quincy

Senior Member
I wonder if “aussieglamm” lives in Australia. S/he has not returned to provide a state name.
 

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