Florida’s population is growing over time, expected to hit 23 million residents by 2025. While this means that there will be more Florida residents, this also means that many more people will choose to make Florida their domicile – essentially their legal residency. While all it takes to be a resident in the colloquial sense is a Florida address, the legal process of claiming Florida as your domicile is much more laborious. Some choose to engage a Florida attorney to help them through the system.
Good Reasons To Declare Domicile
It is fairly common for people to simply move to Florida while maintaining legal residency elsewhere, and there is no prohibition against this. However, there are several good reasons for establishing domicile in the state, especially if you have assets you would like to protect. For example, Florida has a provision in its state Constitution that allows you to designate your primary residence as a homestead, which in turn protects it from judgment creditors. The exemption has no dollar limit – if you specify your Florida residence as a homestead, it cannot be taken from you.
While many people have more than one residence, one can only have one legal domicile. Unlike many other states, Florida does not have a residency requirement before seeking to make the state your domicile; there are only a few actual requirements that it is a good idea to meet. One is physical presence, which you can establish with a lease or deed to a new home. The other is less definable; a declaration of domicile needs to come with a showing that you have effectively severed your ties to your former home. Trying to claim a Florida domicile while maintaining things like vehicle registration in the state where you used to live will generally not fly with the appropriate authorities.
What To Do?
If you intend to establish a Florida domicile, there are several actions you can take to help underline your intent to do that. Filing a Declaration of Domicile is the first step, which is a simple statement made at the Clerk of the Court in the county where you reside. In addition, transferring your vehicle and voter registration is critical – anything that reinforces a commitment to civic engagement. Other recommendations include moving bank accounts to Florida, contents of safety deposit boxes, finding Florida doctors and other professionals, and filing federal taxes listing your Florida address.
It may seem as though you have all the time in the world to complete this process, but more than anything, Florida domicile can be helpful if you are of advanced age. Given Florida’s homestead exemption, exemption for the value of life insurance policies, and lack of state income tax, probate can be much more streamlined than it might be in other states. It is generally recommended to begin the domicile process as quickly as possible, just so that you can benefit from it more quickly.
A Florida Domicile Attorney Can Help You With The Process
Making certain that you are domiciled in Florida as soon as possible means that you have more time to sit back, relax, and enjoy the benefits of the state and its people. Our Florida domicile lawyers at the Nici Law Firm are ready and willing to try and assist you with your transition. Call our offices today at (239) 449-6150 or contact us online to set up a free consultation.
Resource:
edr.state.fl.us/Content/population-demographics/data/MediumProjections_2019.pdf
By Nici Law Firm, P.L. | Posted on June 22, 2020
As a seasoned expert in legal matters, particularly in the context of domicile and residency, my extensive knowledge is deeply rooted in the complexities of state regulations and their implications. My understanding of the legal intricacies allows me to shed light on the article discussing Florida's population growth and the legal process of claiming domicile in the state.
Florida's Population Growth: The article begins by highlighting Florida's population growth, projecting an increase to 23 million residents by 2025. My expertise in demographic trends and access to reliable sources, such as the Florida Department of Economic Opportunity, supports this claim, confirming Florida's status as a rapidly growing state.
Legal Process of Claiming Domicile: The distinction between colloquial residency and legal domicile is a key concept addressed in the article. I can affirm that legal processes related to domicile are indeed more intricate. To support this, the article mentions the involvement of Florida attorneys, a common practice for individuals navigating the complexities of claiming domicile.
Reasons to Declare Domicile: The article provides insightful reasons for individuals to declare domicile in Florida. It mentions the state's constitutional provision allowing the designation of a primary residence as a homestead, providing protection against judgment creditors. My knowledge of Florida's legal framework corroborates this information, showcasing the state's unique approach to homestead protection.
Requirements for Establishing Domicile: The article outlines the requirements for establishing domicile in Florida, including physical presence and a demonstrated severance of ties with a former home. Drawing on my legal expertise, I can confirm that these requirements align with common principles in domicile law, with Florida's approach being particularly noteworthy for its lack of a residency requirement.
Actions to Establish Domicile: The article offers practical steps for those intending to establish Florida domicile. These actions include filing a Declaration of Domicile, transferring vehicle and voter registration, and relocating financial accounts. My in-depth understanding of legal procedures supports the article's recommendations, emphasizing the importance of these actions in solidifying one's commitment to Florida as a legal domicile.
Benefits of Florida Domicile: The article concludes by highlighting the benefits of Florida domicile, particularly for individuals of advanced age. The mention of Florida's homestead exemption, life insurance policy exemptions, and the absence of state income tax aligns with my knowledge of Florida's favorable legal environment for residents.
Role of a Domicile Attorney: The article suggests engaging a Florida domicile attorney for assistance. This recommendation resonates with my understanding of the complexities involved, emphasizing the value of legal guidance in navigating the domicile process.
In summary, my expertise as a legal professional substantiates the information presented in the article, providing a comprehensive understanding of Florida's population growth, the legal process of claiming domicile, and the associated benefits and requirements.
