When preparing an estate plan or administering a probate estate, one of the first questions an attorney must answer is: Where was the decedent domiciled? This simple question can have significant legal consequences. Domicile affects everything from which state’s probate laws apply to whether certain tax benefits or exemptions are available.

What Is Domicile?

Domicile refers to a person’s fixed and permanent home—the place they intend to return to, even if they are temporarily living elsewhere. It is not the same as residence. A person can have multiple residences, but only one domicile.

Why Domicile Matters

Domicile is important in both estate planning and probate because:

- It determines which state’s probate court has jurisdiction.

- It affects how state taxes apply, including estate or inheritance taxes in some jurisdictions.

- It impacts elective share rights and spousal entitlements.

- It governs homestead protections, especially in states like Florida.→ How Florida Homestead Laws Apply to Mobile Homes

How Domicile Is Determined

Courts consider several factors to determine a person’s domicile. No single factor is controlling; instead, it’s a holistic analysis of the person’s intent and actions. Some of the most common indicators include:

- Physical presence: Where the person lives most of the time.

- Driver’s license and vehicle registration: Where these are held or registered.

- Voter registration: Which state they are registered to vote in and where they actually vote.

- Mailing address and home ownership: Especially where they receive important documents like tax returns and bills.

- Declarations of domicile: A sworn statement filed with the county in Florida stating the person’s intent to make Florida their permanent home.

- Employment and professional licenses: Where they work or hold business licenses.

- Statements of intent: Such as in a will, trust, or other legal documents.

In Florida, a Declaration of Domicile can be filed with the clerk of court to show intent to be domiciled in the state. While helpful, it is not dispositive on its own.

Special Situations

Snowbirds and Multiple Residences

Many people spend part of the year in Florida and part elsewhere. This can create confusion about where they are domiciled. In these cases, courts will examine the totality of the circumstances, often placing heavy weight on where the individual votes, files taxes, and declares their primary home.

Domicile and Probate Jurisdiction

If a decedent was domiciled in Florida at the time of death, the probate proceeding should be filed in the county where they resided. If they owned property in another state, ancillary probate may be required there.→ What is Ancillary Probate and Why It's Important for Florida Property

→ Understanding the Probate Process: What to Expect in Florida

Planning Tips to Establish Florida Domicile

For clients seeking to establish Florida as their domicile (often for tax or asset protection reasons), consider the following:

- File a Declaration of Domicile.

- Obtain a Florida driver’s license and register vehicles in Florida.

- Register to vote in Florida and vote locally.

- Update estate planning documents to reflect Florida as the intended domicile.

- File federal income taxes using a Florida address.

→ Estate Planning for Retirees Moving to Florida

Frequently Asked Questions

What is the difference between domicile and residence?Domicile is your permanent legal home, while residence is any place where you live temporarily or seasonally.

How do I prove Florida is my domicile?You can prove domicile with a Declaration of Domicile, Florida driver’s license, voter registration, and using a Florida address on your tax return.

What if someone dies with property in multiple states?Florida will handle the main probate if the person was domiciled here, but ancillary probate may be required for out-of-state property.

Final Thoughts

Domicile plays a pivotal role in how an estate is planned and administered. If there is any ambiguity about where a person is domiciled, it can result in delays, legal disputes, or even competing probate claims in multiple states.

At Bart Scovill, PLC, we help clients clarify and document their domicile to ensure their estate planning goals are carried out efficiently and effectively.

Ready to confirm or update your Florida domicile?Call us today at 941-365-2253 or email firm@scovills.com to schedule a consultation. We proudly serve clients throughout Sarasota, Manatee, and surrounding areas. https://scovills.com/?p=2384

Myth: A Power of Attorney Is Good After Death

❌ Myth: A Power of Attorney Is Good After Death

This is one of the most common misconceptions I hear.

A power of attorney is only effective during someone's lifetime. Once a person passes away, the authority it grants ends—immediately.

▶️ Watch this week’s video to learn what happens next and who actually has authority after death:


https://youtu.be/PBOhP_t9JZs

💼 I’m Bart Scovill, a Florida estate planning attorney helping families plan smart and avoid surprises.

🔗 Learn more at Scovills.com

https://youtu.be/PBOhP_t9JZs?si=cBcOKf4ujEve7QBI

Many Florida residents make “avoiding probate” a top priority in their estate planning—but is it always necessary?

Probate is the court-supervised process of distributing a deceased person’s assets. In Florida, this process can be public, time-consuming, and costly. However, depending on your assets and family situation, avoiding probate might not be essential—or might be critical.

Why People Want to Avoid Probate

- Privacy concerns: Probate is a public record.

- Time delays: Probate in Florida can take months—or even years.

- Costs: Legal fees and court costs can reduce the estate value.

- Out-of-state property: Triggers additional probate in those states.

Ways to Avoid Probate in Florida

- Revocable living trust: A trust holds your assets and allows them to pass without court involvement.

- Lady Bird deed: Transfers real estate automatically at death.

- Beneficiary designations: For life insurance, retirement accounts, and payable-on-death (POD) bank accounts.

- Joint ownership with rights of survivorship

Should You Avoid Probate?

It depends on your situation. Probate can be smooth in simple estates—but if you want privacy, control, or have complex assets, planning to avoid probate may be wise.

Bart Scovill, PLC can help you evaluate the best strategies for your estate. Contact us at 941-365-2253 or visit Scovills.com to schedule a consultation. https://scovills.com/?p=2374

Do you own property outside of Florida? If so, your estate plan needs special attention to avoid ancillary probate—a separate probate process in another state.

Why This Matters

Even if you live and die in Florida, property located in another state (such as a cabin in North Carolina or a condo in Chicago) must go through probate in that state unless properly titled.

Solutions

- Revocable Living Trust: Transferring out-of-state property into your trust avoids probate in both Florida and the other state.

- Limited Liability Company (LLC): In some cases, placing the property in an LLC can simplify transfers.

- Joint ownership or Transfer-on-Death Deeds: May work in some states, but not all recognize these tools.

Plan Ahead

Failing to plan means your heirs may face unexpected legal processes in multiple states.

We can help you ensure your estate plan works seamlessly across state lines. Contact Bart Scovill, PLC today at 941-365-2253 or visit Scovills.com. https://scovills.com/?p=2371

What Happened?

When Aretha Franklin died in 2018, her family believed she had no will. Later, multiple handwritten wills were discovered, each with different instructions for her $80 million estate. The conflicting wills sparked confusion and disputes among her four sons, leading to prolonged probate litigation.

The estate also faced challenges in managing her music catalog and royalties, which were not clearly addressed in the handwritten documents.

What Went Wrong?

- Multiple Wills: The discovery of conflicting handwritten wills led to disputes over Franklin’s true intentions.

- Lack of Formal Planning: The lack of a formal, legally binding estate plan created confusion and family infighting.

- Music Rights Disputes: The unclear handling of her music rights created additional legal complications.

How It Could Have Been Prevented

- Formalizing a Will: Having a single, legally recognized will could have avoided confusion and disputes.

- Establishing Trusts: Trusts for assets and music rights would have provided clear distribution guidelines.

- Clear Asset Valuation: Accurate valuations and management of her music rights would have streamlined the estate process.

Lessons for Your Estate Planning

Aretha Franklin’s case emphasizes the need for a formal, clear estate plan that addresses intellectual property and prevents family disputes.

Citations

1. Overview of Aretha Franklin's Life and Career

- Biography.com – Aretha Franklinhttps://www.biography.com/musician/aretha-franklinBackground on Franklin's life, legacy, and contributions to music.

2. Details on Aretha Franklin’s Handwritten Wills and Family Disputes

- The New York Times – "Aretha Franklin’s Handwritten Wills Found, Sparking Family Dispute"https://www.nytimes.com/2019/06/17/arts/music/aretha-franklin-wills.htmlThis article details the discovery of Franklin’s handwritten wills and the ensuing family disagreements.

- CNN – "Aretha Franklin’s Estate Battle Over Her Handwritten Wills"https://www.cnn.com/2019/08/23/entertainment/aretha-franklin-wills-estate/index.htmlCovers the legal complications and family disputes triggered by the handwritten documents.

3. Legal Issues with Handwritten Wills

- Forbes – "Aretha Franklin and the Perils of Handwritten Wills"https://www.forbes.com/sites/ashleaebeling/2019/06/20/aretha-franklin-and-the-perils-of-handwritten-wills/Discusses the risks and legal challenges associated with handwritten wills, particularly in high-value estates.

4. Family Conflicts in High-Profile Estates

- Investopedia – "Famous Estate Battles and What Went Wrong"https://www.investopedia.com/articles/personal-finance/111715/most-famous-inheritance-disputes.aspProvides examples of high-profile estate battles and lessons on avoiding similar family conflicts.

5. Estate Planning for Unclear or Contested Wills

- The Balance – "How to Avoid Disputes with Clear Estate Planning"https://www.thebalance.com/avoid-estate-disputes-with-clear-wills-3505390Offers insights on creating clear, formal estate plans to prevent family disputes, relevant to the issues in Franklin's estate. https://scovills.com/?p=2113

Losing a will doesn’t automatically mean the court ignores it—but there are hurdles to overcome.

Florida Law on Lost Wills

If a will is lost but believed to be valid, Florida law (Fla. Stat. § 733.207) allows it to be probated—but the person offering it must:

- Prove the terms of the will,

- Show it was not revoked, and

- Provide two disinterested witnesses to its contents.

Common Situations

- The original was destroyed in a hurricane.

- The decedent kept it in an unknown location.

- A caregiver or relative destroyed it to claim more assets.

What If It Can’t Be Proven?

If the will can’t be established, the estate will be distributed under Florida intestacy laws—which may not match the decedent’s wishes.

How to Prevent This

- Keep originals in a fireproof safe or with your attorney.

- Inform key family members or fiduciaries where your documents are stored.

- Consider secure document storage through our firm.

Lost a loved one’s will? Bart Scovill, PLC can guide you through what to do next. Call 941-365-2253 or visit Scovills.com. https://scovills.com/?p=2368