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I'm curious about the reference to "a living will[] or revocable trust."  A living will and a revocable trust are completely different things.  "Living will" is a colloquialism that refers to a power-of-attorney for healthcare decisions.  A trust is a mechanism used for owning and transferring property.  Folks often create both as part of an estate plan, but one is not a substitute for the other.  In any event, the answer is that it depends on what the documents say and possibly which two states are at issue.

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OK, thanks. So it's a revocable trust that I'm talking about, not a living will. We already have a medical directive. We are residents of Pennsylvania, but planning to move to Florida. So does it matter which state I make out the trust in? I mean does it matter if a lawyer in Pennsylvania makes it out, even though we have property in Florida and Pennsylvania and are planning to move there within the next 12 months? There is an attorney here in Florida I like, but again am wondering if it matters what state we have the attorney make out the trust from. (We have a condo in Florida and go there several months out of the year, but are planning to move to Florida permanently.)

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1 hour ago, CindiWass said:

does it matter which state I make out the trust in?

 

If you create a trust while you are living in Pennsylvania (presumably using an attorney in Pennsylvania) and then move to another state, it is unlikely that the move, by itself, would necessitate any changes to the trust (much less invalidate it outright).  However, it would be a good idea to have the trust reviewed by an attorney in the new state to ensure there aren't any peculiarities under the new state's laws that might come into play.  Also, if, at the time the trust is created in Pennsylvania, you are contemplating a future move to Florida, you should let the Pennsylvania attorney know about that because it may impact how the trust is prepared.  Since you seem already to be "semi-residents" of Florida (that's a term I just made up) and plan on moving permanently, it might be best to have a Florida attorney prepare the trust.

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That makes sense. The attorney here in Florida told me it takes six months and a day to establish residency here. If I recall what she said correctly. My question is: what if I am here six months and a day but not my husband? How does that work if we want to make a revocable trust in Florida? (This whole thing is giving me a lot of angst.)

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11 hours ago, CindiWass said:

The attorney here in Florida told me it takes six months and a day to establish residency here

 

Establish residency for what purpose?

 

 

11 hours ago, CindiWass said:

My question is: what if I am here six months and a day but not my husband? How does that work if we want to make a revocable trust in Florida?

 

You can create a revocable trust after being there for only a single day.  Kinda sounds like you're overthinking this.

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Folks generally establish residence in Florida because there is no state income tax- at least that's why I did.  Also, there is no state safety automobile inspection or emissions control requirement. as there are in Virginia.  There is no annual personal property tax on vehicles.  So, what the OP can, and should do, is find a placeto live in Florida for a term greater than six months, , apply for Florida license plates and driver's license, and claim Florida as his or her primary residence. 

 

Unless the state income tax bill would be very large, I doubt the alternate residence state will actually require proof that the person actually resided in Florida for more than six months.That's not legal advice.

 

I agree that making a revocable trust does not depend on residence.

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3 hours ago, pg1067 said:

 

Establish residency for what purpose?

 

 

 

You can create a revocable trust after being there for only a single day.  Kinda sounds like you're overthinking this.

 

3 hours ago, RetiredinVA said:

Folks generally establish residence in Florida because there is no state income tax- at least that's why I did.  Also, there is no state safety automobile inspection or emissions control requirement. as there are in Virginia.  There is no annual personal property tax on vehicles.  So, what the OP can, and should do, is find a placeto live in Florida for a term greater than six months, , apply for Florida license plates and driver's license, and claim Florida as his or her primary residence. 

 

Unless the state income tax bill would be very large, I doubt the alternate residence state will actually require proof that the person actually resided in Florida for more than six months.That's not legal advice.

 

I agree that making a revocable trust does not depend on residence.

Yes, my lawyer here in Florida mentioned taxes were less and that I could homestead. Not sure about homesteading requirements yet. We already own a condo here in Florida and gave up the homestead when we moved to Pennsylvania, but are planning to move back to Florida permanently within the next 12 months. But since I may move back before my husband does (probably not though, but  could be), that's another reason why I was wondering about residency and how to figure it for tax purposes.

P.S. I usually do overthink things, which is why perhaps my blood pressure is so high.

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