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Re: lv-ab: Residency and finding a lawyer

From: Ed Kelly (no email)
Date: Wed Mar 07 2007 - 04:45:01 EST

  • Next message: Norm of Bandersnatch: "lv-ab: Re: Rootless"

    De,
    Usually you can change your residency to another state, like Florida,
    if you physically go there and take steps to make it your new
    residence. If you want to be taxed under the new state's laws you
    have to comply with their residency requirements. I have never heard
    of any citizen escaping having a residency somewhere - but a non-
    citizen should be able to do so, but you will still be subject to TAX
    laws of those states where you what the law calls a NEXUS or
    connection. After you establish residence somewhere its easy to keep
    it. Its like flypaper. Until you pick up another residency you are
    stuck.

    Generally, Legal Residence usually can be established by 1) presence
    and 2) an expectation of returning.

    FLorida has one additional wrinkle. They empower a county official
    (I think its the Recorder in each County) to accept an Affidavit of
    Domicile (or some such title) which you fill out under oath and file
    for the world to see. I personally am registered there. Many
    cruisers all over the globe have legal residency at Green Cove
    Springs, FL -- the home of St Brendens Isle mail service. They have
    several thousand who have used their mail service and their physical
    mail address, at 411 Walnut Street, and a box # (now its around 3950
    - and going up sequentially as folks use their services). You also
    have to complete a US Postal form to make them your address.

    SBI will send you a packet if you ask them, with post office forms,
    Affidavit of Domicile or residency and Voter Registration Forms, and
    instructions on filling them out. But to escape California, you may
    need to go to another state phyiscally -- but I know nothing of
    California law. You can find a lot about the laws on residency and
    domicile by using Google. Enter a search with terms like " +state
    +California +residency +law +taxes " if you want to search for a
    phrase in Google, include the phrase in quotes and put a plus before
    any word if you want to insure that the web site includes that word
    somewhere in the site. I did a search on the words in quotes above
    and 5th site listed is
    www.taxes.ca.gov/resident.html
    That may answer some of your questions (especially since its a state
    site). A good tax lawyer may be able to save you substantial $$$.

    Usually you can find a lawyer that is highly recommended through the
    Martindale Hubble Law Directory. It's found at the Law Librarys at
    most Law Schools and in many large public libraries. You can call
    almost any law library in a large metropolitan area and find out if
    they have a set of the Martindale Hubble directories you could
    consult. The Martindale Hubbel (sp) Law Directory has a listing of
    all reputable lawyers and a rating based on surveys of reputation
    among other lawyers and judges. As you can guess, jealousy does not
    result in most other lawyers being rated highly without a deserved
    reputation as lawyers are as jealous of their own reputations and
    ratings as any other profession. (I wish other professions had such a
    rating by their peers!)

    The back of the Martindale Hubble Law Directory has a short summary
    digest with thumbnail paragraphs on topics like this one that are
    peculiar to that state. The address portion at the front of the
    directory attempts to list all lawyers, with ratings when they have
    feedback from other lawyers and judges showing LEGAL ABILITY, and
    ETHICS REPUTATION of each lawyer and each law firm. Additionally if
    you call many firms they will sell you a first conference for a half
    hour for a modest fee. You should enquire as to that when you make
    an appointment with one that is recommended in the city you are in.

    Ed

    On Mar 6, 2007, at 9:48 PM, De Clarke wrote:

    >
    > OK, IANALers :-)
    >
    > what if you are not a US citizen (Brit) but you have lived,
    > worked, and paid full taxes in US and California for over
    > 30 years, and then you leave the country -- permanently,
    > selling off all real estate and taking your worldly goods
    > with you -- but continue to draw a pension from a US
    > pension fund?
    >
    > this may be my situation soon -- w/in 2 years.
    >
    > do the Feds come after me? how about State of CA?
    >
    > should I establish a service address in the US like Brendan's
    > Isle?
    >
    > or should I just hire a tax consultant and give up on
    > understanding how it all really works? :-)
    >
    > if the answer is "tax lawyer", any tips on how to find
    > a good honest one? I'm not trying to cheat, just trying not
    > to get in any trouble or attract more official attention than
    > is required. "keep quiet and stay off the radar" is my
    > philosophy :-)
    >
    > I understand that all advice from this forum is noncertified
    > and promise to take it all with a grain of salt and do my
    > own research :-) just fishing for ideas, keywords to search
    > on, resources, etc.
    >
    > de
    >
    > ......................................................................
    > ......
    > :De Clarke, Software Engineer UCO/Lick
    > Observatory, UCSC:
    > :Mail: | Your planet's immune system is trying to
    > get rid :
    > :Web: www.ucolick.org | of you. --Kurt Vonnegut :
    > :1024D/B9C9E76E | F892 5F17 8E0A F095 05CD EE8B D169 EDAA
    > B9C9 E76E:
    >
    >
    >
    >
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