With Massachusetts’s chilly winter weather, it is common for many of our clients to travel somewhere further south to seek warmth and sunshine. Snowbirds will often split their time between two places and have a vacation home in another state. Spending your time between two states is an important topic to bring up with your attorney since it can complicate your estate plan.
You can be considered a resident in more than one state but can only be domiciled in one state. Domiciliary status differs in each state and is governed by their specific laws. This is due to the differences in estate planning, family law matters, and taxes in each state. Your domicile is where you permanently live and where you intend to remain or return.
It is important to make sure that you have documents in place for both your primary residence state and your secondary state. Documents such as a living will, a durable power of attorney, and a health care proxy will require a copy for both states. Some states will require additional forms due to state-specific estate planning laws, or they may not honor a document that your primary state does.
Before your upcoming travel plans, we encourage you to review your estate planning documents to ensure that your wishes are carried out properly no matter what happens or where you are.
Here at Family Estate Planning Law Group, our team is well-equipped to handle any assets of yours that are located outside of Massachusetts by consulting with a network of attorneys in other states. Give us a call to schedule your free consultation!