Gregory C. Picken
  • HOME
  • Our Firm
    • Gregory C. Picken, J.D., LL.M.
    • Gary, Dytrych & Ryan, P.A.
  • Estate Planning
    • Basic Planning
    • Using Joint Property as a Will
    • Common Estate Planning Errors
    • Florida Domicile
    • Advanced Strategies
      • Gifting Discounted Interests
      • Overview of Generation Skipping Trusts
    • Buy-Sell Agreements
    • How to Select a Trustee?
    • Reviewing Your Documents
    • A Low Cost Trust Alternative
    • Domestic Partner Planning
    • Estate Planning Definitions
    • Client Letter on New Power of Attorney Law
    • Statute Text – New Florida Powers of Attorney Law
    • IWill
  • Probate
    • Are there dangers in holding property jointly?
    • What if I don’t like my Spouse’s Will or Trust?
    • Who can serve as Personal Representative (Executor)?
    • Do I have to travel to Florida to handle a Probate?
    • Who can file for Probate in Florida?
    • What is a valid Will in Florida?
    • Do I need a lawyer for Florida Probate?
    • Does the Lawyer need to be in the Decedent’s County?
    • What does Florida Probate cost?
    • What assets are subject to Florida Probate?
    • What happens to assets if there is no Will?
    • Is it ever too late to start Probate?
    • What are the duties of a Personal Representative (Executor) in Florida?
    • Is there a way to avoid Probate?
    • What are a Trustee’s Duties?
  • Litigation
  • Guardianship
    • Is there a way to avoid Guardianship?
  • News
  • Contact
    • Short Form
Search

Florida Domicile

Completing Your Change of Domicile

Is it time to complete your Florida Domicile?

When you moved to Florida you were probably told to file for Homestead, get a Florida Driver’s license, change your voters registration and, perhaps, file a Declaration of Domicile. That may be sufficient as far as Florida is concerned, but your former state may have a different opinion.

WHY IT MATTERS:

Estate Taxation – States are desperate for revenue and will look for any remaining connections to you to tax your income and estate

Entitlement to Florida Homestead Exemption

Domicile controls where your estate needs to be probated

Domicile controls whether probate proceedings need to be opened in multiple states

Domicile controls what State law applies to interpretation of your will and trusts

Medicare eligibility – varies from state-to-state

FACTS THAT OTHER STATES WILL LOOK AT:

Driver’s licenses, car registrations, insurance

Location of Bank and Brokerage Accounts

Voter’s Registration Address

Locations of Charities, Physicians

Homestead (Husband and wife must have the same – Husband cannot have one here, and Wife have one in, e.g. New York – No “Star” Exemption – even if you actually live in different states)

Address on Tax Returns

Where Declaration of Domicile filed?

Location of Houses of Worship membership, support

Where is most of your time spent?

What does your passport show as your address?

Where is your larger home (if you have more than one)?

What address is shown on a decedent’s death certificate?

Where are you employed?

Just as other states look at the residence of individuals, they will try to pull a trust into their taxing jurisdiction.

FACTS THAT OTHER STATE WILL LOOK AT:

Where the trust says the Settlor is domiciled

What State the trust specifies as “governing law” and/or “situs”

Where the trust assets are located

Where the Trustee is located

Where the trust is administered from

Where the beneficiaries are located.

If you have any other questions about declaring a domicile, or any other estate planning issues, contact one of our West Palm Beach estate planning lawyers today.

 

Gregory C. Picken, J.D., LL.M.

Gary, Dytrych & Ryan, P.A.

701 U.S. Highway One, Ste 402 North Palm Beach, FL 33408 (561) 844-3700 gcpicken@gdr-law.com

  • Estate Planning
  • Basic Planning
  • Using Joint Property as a Will
  • Common Estate Planning Errors
  • Florida Domicile
  • Advanced Strategies
  • Gifting Discounted Interests
  • Buy-Sell Agreements
  • Reviewing Your Documents
  • Estate Planning Definitions
  • Overview of Generation Skipping Trusts
  • A Low Cost Trust Alternative
  • Client Letter on New Power of Attorney Law
  • Domestic Partner Planning
  • Statute Text – New Florida Powers of Attorney Law
  • IWill

Legal Notice and Disclaimer: The materials within this web site are for informational purposes only. They are not legal advice and should not be used as such. Transmission of the information in this web site is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet users and readers should not act upon this information without first seeking professional legal counsel. The information in this web site is provided only as general information which may or may not reflect the most current legal developments.

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Attorney Gregory Picken and Pickenlaw.com provide legal representation to individuals and families throughout South Florida. We represent clients in the legal practice areas of Estate Planning, Wills and Trusts, and Probate throughout Palm Beach County, including North Palm Beach, Jupiter, Tequesta, Juno Beach, Palm Beach, Lantana, West Palm Beach, Royal Palm Beach, Stuart, Hobe Sound, Lake Worth, Boynton Beach, Boca Raton, Delray Beach, and Wellington as well as the surrounding communities within Palm Beach County. Gregory Picken and Pickenlaw.com is a North Palm Beach Estate Planning Lawyer, a Palm Beach Probate Attorney, a Probate Attorney in St. Lucie County, a Broward County Probate Attorney, a Palm Beach Gardens Estate Planning Attorney, and a North Palm Beach Wills and Trusts Lawyer.
Picken Law

(c) 2012 Gary, Dytrych & Ryan, P.A. SITEMAP