Legal Question in Wills and Trusts in California

I have not lived in california in 5 years as I am an expat working overseas, with no california real property or assets. My only tie to california is my driver's liscence and a mailing address maintained through my company's headquarters. Do I need to declare calfornia my state of domicile for wills, trusts, POA and estate planning based on these two items, or may I select oregon, where I was raised, where my parents live and where I now visit...


Asked on 1/20/14, 9:18 am

1 Answer from Attorneys

Victor Waid Law Office of Victor Waid

I suggest you contact your tax accountant regarding any tax implications as to what state you declare as your domicile. Regardless of where your domicile is located at death, the provisions of your estate plan control as to the substantive aspects, but the state of death will generally control as to procedural matters in implemeting the estate plan if required. No, I don't believe declaring your domicile is required, but may have a tax implication.

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Answered on 1/20/14, 12:44 pm


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