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Allan Lipman

PART III

For those of you who think you have changed your domicile to Florida, I suggest you review my domicile checklist. Have you done many or all of the following?

_____File a declaration of domicile with the Florida Circuit Court

_____File for Florida homestead exemption.

_____Obtain Florida operator’s license and relinquish New York license.

_____Acquire Florida license plates and relinquish New York license plates.

_____Register to vote in Florida and actually vote and notify New York to remove the

name from the voting roles.

_____File a nonresident, rather than a resident, New York income tax return if there is

New York source income.

_____File Federal income tax return with IRS Center in Atlanta, Georgia.

_____Transfer safe deposit box contents to Florida and close out New York box.

_____Open a Florida bank account.

_____Change credit cards to Florida address.

_____Execute a new Florida Will, Florida Durable Power of Attorney and Florida

Health Care Proxy.

_____Refer to Florida residence in all trusts and other legal documents.

_____Affiliate with Florida organizations and consider disaffiliation with New York ones

or become nonresident members, if available.

_____Have family gatherings and social activities centered in Florida

rather than New York.

_____Affiliate with a church or temple in Florida.

_____If you intend to invest in real estate or businesses, focus on those in

the Florida area rather than the New York area.

_____Transfer works of art, expensive furniture, heirlooms and other items "near and

dear" to Florida.

_____Consider acquiring cemetery plots in Florida.

_____List Florida residence as the primary residence on all homeowners insurance.

_____Turn in any New York resident fishing or hunting license.

_____License pets in Florida.

_____Obtain a Florida library card

_____If a New York notary public, resign and become a Florida notary public.

_____Cancel any New York real estate STAR exemption .

_____Stay as long as is practical in Florida each year and maintain a diary evidencing your whereabouts and back up your diary entries by retaining credit card statements,

cancelled checks and country club, EZ Pass or Sun Pass statements and other evidence

of your whereabouts.

_____Consider acquiring a larger and/or more expensive home in Florida or remodeling

or redecorating it and acquiring a smaller and/or less expensive home in New York

and document any steps taken in doing so.

_____If a physician has advised that either extremely cold weather or hot, humid weather

may be harmful to your health, the physician should be requested to document

the medical records accordingly.

_____Request New York physician and New York dentist to send a copy of all medical and dental records to doctor and dentist in Florida.

_____Subscribe to local Florida newspaper.

_____Check out whether your medical insurance plan will remain effective in Florida; and

if not, acquire medical insurance to cover you as a domiciliary of Florida.

Many of the items will carry little weight if you stay in New York eight months or more and Florida only four months or less each year or you have a large expensive home in New York and a smaller condo in Florida. On the other hand, it is not a prerequisite to being a Florida domiciliary that you are not present in New York for more than 183 days a year. That is a New York income tax requirement that is separate and apart from the issue as to whether or not you are domiciled in New York or Florida.

Conversely, the fact that you have not checked off some of the items may not be important if you stay in Florida eight months and New York only four months each year or you have a large expensive home in Florida and a small condo in New York.

continue to part IV >>

Allan R. Lipman, a member of the NY and FL Bar.

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