Escapees March/April 2016

ing on the circumstances, the court may give this factor varying weight. Regardless of whether it is a min- ute detail or the main crux of your argument, we want it to be a favorable factor. So ask yourself, “Does my current mailing address re À ect my domicile state?” In the totality of your speci ¿ c circumstance, your current address may be ¿ ne. But reassess your current arrangement if there is a con À ict between your domicile state and your address. Let’s look at some different arrangements and certain issues that may pertain to you. Family/Friend Arrangement There are certain bene ¿ ts to using a family member’s home address as your permanent physical address. In certain states, such an address is required to obtain a hunting license or driver license. If the address is in the state you want to domicile in, great. Choosing to solely use this address as your permanent physical address, you have chosen that address as your domicile address. Everything should re À ect that address. Your voter registrations and motor vehicle transactions should be done through the county of that address. You should establish your community connections in that county. Your car and health insur- ance will also be assessed through the locality of that address. All you need to worry about is getting your sister to mail the mail to you. If you are using an address in a state different from your domicile state, you may need to reassess the arrangement. I will address using a separate “mailing address” below. For now, I will assume your family’s address is the only address you are using. This could be a problem, but let’s ¿ rst consider all the factors in

your favor. Here are some questions you may ask to get you started. • Do you have suf ¿ cient community ties to your domicile state? • In which state are you registering your vehicles? • Where is your general point of healthcare? This issue is especially more important if you are using an address from your previous domicile. It could show that you have not suf ¿ ciently cut ties with your old state. I realize there are certain times when you must provide a physical address, and the only one you can provide is in a different state from your domicile. This issue could be addressed by providing that physical address and also providing your domi- cile address. Make sure the institution requiring that physical address has a letter or note from you. The note should state that the address provid- ed is to follow their policies and in no manner do you intend to live or domicile at that physical address. Also specify your domicile address. It is certainly not a bulletproof way of han- dling this situation, but now you have created a paper trail of where you intend your domicile to be.

Mail Service Perhaps you use a mail service. For some, an Escapees Mail Service mail- ing address serves not only as a mail service but as a domicile address. In this case, there is no con À ict between your address and your domicile. Take a moment to consider whether you have the other factors in your favor. Are you really a Texan? South Dako- tan? Floridian? Some of you may want to use the mail service but not use it as your do- micile address. Perhaps you only want the service but wish to retain your current domicile. Don’t let this article stop you from getting the mail service. You can reap all the bene ¿ ts of the mail service and also keep your domi- cile. You simply need to list the mail service address as a mailing address for your accounts and documents. Make sure your domicile address is also included on the record. Using a mail service is a rational choice when full-time RVing. There is a speci ¿ c articulable reason for your decision to receive your mail through the mail service address. Again, ensure you have suf ¿ cient factors pointing to your domicile state. Despite the various methods of receiving your mail, please know you will need to establish a domicile address, and that domicile address should be on everything. In an abun- dance of caution, always make sure that your domicile address is re À ected on your all documents.

“Using a mail service is a rational choice when full-time RVing.”

Miri Kim Wakuta is a California-licensed attorney. She is of counsel to Loring & Associates. Through her time as a litigator, she gained extensive trial experience. Her experience ranges from immigration, bankruptcy, civil, estate planning and child dependency law. She discovered her fascination with domicile issues arguing jurisdiction and venue issues in court.

Photo by Angelo Narvaez

Have a Question? I write about legal and financial topics derived from my experiences in my practices; however, I welcome your suggestions for topics. If you have a specific legal or finan- cial RV-related question, or if you have a suggestion for an article topic, e-mail me at info@mgenwealth.com . Please write “ Escapees magazine topic” in the subject line. Or call me at 800-260-1615.

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