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Every year, thousands of Minnesotans head south for the winter to escape the cold. But before you pack up and head to sunnier destinations, there are several key considerations to ensure your estate plan, taxes, and legal protections stay in order. Whether you’re a seasoned snowbird or preparing for your first winter getaway, these tips will help you avoid unnecessary stress and financial headaches.
Before hitting the road, it’s important to research what’s happening in your destination state. Here are some key questions to consider:
Being informed can help you avoid surprises and ensure a smoother transition once you arrive at your winter home.
In today’s mobile world, many snowbirds split time between two (or more) states. But where you’re domiciled – your state of permanent residence – has significant implications for your estate planning, taxes, and legal matters. While you may spend months in a second state, you can only be domiciled in one place.
For tax purposes, you may have obligations in both Minnesota and your destination state. Minnesota’s tax laws consider factors like where you spend most of your time, where your family resides, and where your property is located. A consultation with your tax advisor can help ensure you're meeting your filing requirements and taking advantage of any tax benefits. For instance, states like Florida, Texas, and Nevada don’t have personal income tax, which could be beneficial for snowbirds looking to reduce their tax burden.
If you own property in both Minnesota and another state, especially in community property states, you should consult with us to understand the estate planning implications. Owning property in more than one state can complicate matters, especially when it comes to probate.
Keep mind, also, that even if you are not a Minnesota resident, if you own property in Minnesota you may still be subject to Minnesota estate taxes. See our newsletter on Minnesota Estate Tax: Are Minnesota residents and non-residents taxed differently?
Before leaving for your winter destination, take a moment to review your estate planning documents. Changes in your life or in the law could mean it’s time for an update. Here are some essential questions to ask:
Pro Tip: If you plan to leave for health reasons, does your agent have the authority to relocate you? If not, update your estate plan to ensure they can act on your behalf.
If you don’t already have a financial power of attorney, this is a good time to create one. A general power of attorney allows your agent to act on your behalf right away. Be sure your documents meet your specific needs while you’re away.
Check out our video: How Often Should I Review My Estate Plan?
Because each state has its own estate planning laws, documents executed in Minnesota may not be immediately honored in your winter destination state. For example, powers of attorney and healthcare directives may have state-specific forms. While a document from Minnesota may be valid, medical professionals and financial institutions may find it easier to comply with local forms.
If you're spending considerable time in another state, it's a good idea to consult with a licensed attorney in that state to review your documents for compliance and make necessary adjustments. You may need a second healthcare directive or financial power of attorney specific to the other state.
Planning ahead ensures your winter getaway isn’t marred by legal or tax issues. At Wagner Oehler, we specialize in helping Minnesota snowbirds safeguard their estates and manage tax and legal considerations across state lines. Whether you’re dealing with dual residency, updating your estate plan, or setting up a trust to avoid probate complications, we’re here to help.
Ready to ensure your estate plan and taxes are in order before you head south? Contact us today to schedule a consultation, either in person or via video conference. We’ll help you create a plan that provides protection wherever you go.
To learn more about estate planning, keep an eye on our Events page located at: https://www.wagnerlegalmn.com/events/.
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