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New York’s primary factors to determine domicile

MWE’s Jennifer Bobé outlines New York’s primary factors in determining domicile in this episode of Margolin Minute.


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When you're looking to change your domicile, there are criteria that states will look at. New York will actually look at five criteria. They call them their five primary factors, and they look at those items to determine whether you actually established a domicile change. So, for example, they'll look at things like the size and value of your home where you were initially to where now you're stating is your new domicile. They'll look at the time that you spent involved in businesses in New York versus outside of New York. They'll look at the time you actually spend in the state versus outside of the state. They'll look at items that are near and dear to you, so, your items of sentimental value, your family pets. Where are you keeping them? Did you move them to the new place? Did you keep them in the old place? And they'll also look at your family connections. So, to the extent that maybe those four factors aren't so decisive, where is your family? Did your family all relocate and then it makes sense that sort of your heart moved to a new place, or are you really still back in New York where, you know, you were before. And to the extent that they look at those factors and they can't determine whether you've really made a change, they'll look at what they call secondary factors. So, secondary factors don't have as much importance in making that determination, but they will go through those items, and there's a laundry list of things like where are you registered to vote, where are you registered to drive, where do you receive your mail, where do you state that you're domiciled in your legal documents such as your wills and things like that. So it's, you know, there's a lot of things that they can look at to determine what you're actually doing, versus you say that you're doing.