SD domicile and TX mailing address

[SKP073615]

When we went full time about 2 years ago, we set up a mail forwarding account in TX with Escapees.  Virtually all of our physical mail and packages go to that address.  But in order to keep Barbara on her grandfathered PPO health insurance plan (when most other good options seemed to be disappearing), we opted to keep our legal domicile in California (using our son's address).  Now that she is nearing Medicare age, we are reviewing our domicile options and SD is starting to look better.  We would just as soon keep our primary mailing address at Escapees in TX, but establish a "residential" address using one of the SD services.  Is anyone else using this split of addresses?  Does anyone have any opinion on whether to use the Escapees SD satellite location or use America's Mailbox (both in Box Elder)?  I know that with Escapees, mail still goes to the TX facility for forwarding.  We would expect very few pieces of mail to show up in SD.

 

Art and Barbara

[scouserl41]

Yes we've done it with Escapees and were some of the first to use them for SD domicile. There is no issue doing this, we give everyone our TX address as a mailing address for everything, banking, friends etc., and just keep the SD address on licenses, vehicle registrations etc.

We were CA residents and CA are the toughest to shake off. Just make sure you read the information on setting up residence available here on the SKP website, You don't want to have anything stored in CA or anything that would let them claim that you intend to return to CA.

The mail thing is seamless and if anything should go to the SD address it is automatically forwarded to the TX address anyway.

Hope this helps.

BnB

[Kirk W]

1. While I'm not sure what SD has to be more attractive than TX, it should be very easy to do this as far as the mechanics are concerned. Just contact the mail service and they can help you do this. Leaving CA could be more of a challenge as they will want to keep you as a source of revenue so be careful in that and review the recent articles in the Escapee magazine about domicile issues. In addition, be sure to file a partial year income tax return with CA as you make this move to help in defining your departure from CA. 

[scouserl41]

SD has no safety inspections and no emmissions inspections which did it for us. Everything else was about the same.

BnB

 

[docj]

4 minutes ago, scouserl41 said:

SD has no safety inspections and no emmissions inspections which did it for us. Everything else was about the same.

 

In addition, SD doesn't require a higher level license class for driving RV's > 26,000 lbs.

[Kirk W]

One feature that we consider important which we believe favors TX is the estate laws. 

[SWharton]

Does TX still require MH inspections? I read someplace that they were no longer required.

[SKP073615]

2 hours ago, SWharton said:

Does TX still require MH inspections? I read someplace that they were no longer required.

My current understanding is that they are required, but if you are out of state they can be deferred until you re-enter Texas.  I think it's only a few days that you have to be inspected once back in Texas.

Art

[scouserl41]

SD apparently has very good laws for setting up trusts if you have kids. We've never taken advantage of them yet but next time we are in the neighborhood we might.

BnB

[Kirk W]

1 hour ago, SKP073615 said:

My current understanding is that they are required, but if you are out of state they can be deferred until you re-enter Texas.  I think it's only a few days that you have to be inspected once back in Texas.

 

Your understanding is correct. It is a minor inconvenience and plates can be renewed online when out of the state. 

[2gypsies]

19 hours ago, scouserl41 said:

SD has no safety inspections and no emmissions inspections which did it for us. Everything else was about the same.

BnB

 

No inspections needed if you don't stay in Texas. No emmissions test in Livingston - just big cities.

[scouserl41]

But you DO have to take it to TX to get it inspected when you register it yes??

Not so in SD.

BnB

[Blues]

19 hours ago, Kirk Wood said:

One feature that we consider important which we believe favors TX is the estate laws. 

Which "estate" laws are you referring to?  Neither South Dakota nor Texas has an inheritance tax. 

[SWharton]

My understanding is that you can register the vehicles via mail, I may be wrong. I am fairly sure you need to be in TX to get your DL. The whole process, inspection, registration, DL takes a day but you had better be in Polk County where they welcome Escapees and understand our lifestyle.

TX is centrally located which makes it easier to get to. After the initial setup, I don't think it makes any difference where things are inspected and that is only if you go  back to TX.

We will be doing this in the fall when/if our house sells.

[Kirk W]

18 hours ago, Blues said:

Which "estate" laws are you referring to?  Neither South Dakota nor Texas has an inheritance tax. 

I am not an attorney and I do not give legal advice, but the point is that many of us do not consider much more than taxes and fees, while there are many other issues that could become of critical importance. In that example, I'm thinking of probate, rights of survivorship, and similar questions. Very few of us consult an attorney in making these choices. 

[SWharton]

Can you give us a specific example of a difference? That might change a person's selection of domicile or minimally have them check with a lawyer.

[Kirk W]

1 minute ago, SWharton said:

Can you give us a specific example of a difference? That might change a person's selection of domicile or minimally have them check with a lawyer.

 

 

4 hours ago, Kirk Wood said:

I am not an attorney and I do not give legal advice

I suggest that each person needs to get advice based upon his own circumstances.  We did our research before we went on the road in 2000. Chances are, at least some laws in each state have changed and my memory isn't the most reliable so I'll stand by my previous answer. None the less, if you read any of the recent articles published in Escapees Magazine, it should be pretty apparent that there is more to the domicile question that what state is least costly. 

[SWharton]

Never mind, notes out of sequence a bit

[Blues]

42 minutes ago, Kirk Wood said:

I suggest that each person needs to get advice based upon his own circumstances.  We did our research before we went on the road in 2000. Chances are, at least some laws in each state have changed and my memory isn't the most reliable so I'll stand by my previous answer.

But you did say that the estate laws favor Texas over South Dakota without any caveat that your opinion was from over 15 years ago.  But laws governing titling of accounts and probate don't change very often--do you remember any major difference between South Dakota and Texas in this respect?  South Dakota allowed survivorship accounts and had informal probate procedures before 2000--do you remember what else would you have been looking at, so someone would know what to look for now?

 

 

[Blues]

23 hours ago, SWharton said:

My understanding is that you can register the vehicles via mail, I may be wrong. I am fairly sure you need to be in TX to get your DL.

You can renew vehicle registration by mail, but that first registration has to be done in person.  The Texas DPS website says:  "Within 30 days of bringing the vehicle to Texas, you must obtain a vehicle inspection and visit your county tax assessor-collector to title and register the vehicle. The vehicle must pass inspection before it can be registered and titled. After having it inspected, take the following to your county tax office..."

As for the driver license, the txdmv.gov website says:  "Prior to the end of the 90 day grace period, a new Texas resident must apply for a Texas license in person at any driver license office to continue to drive legally."

 

[2gypsies]

New on Texas inspections:

http://abc13.com/traffic/tx-senate-votes-to-eliminate-vehicle-safety-inspections/1954332/

[Velos]

Here is a website listing state by state Probate laws:  https://www.everplans.com/articles/state-by-state-probate-laws

[lafarmer]

I have been looking at a company called Your Best Address.  They are also a SD based company found at http://www.yourbestaddress.com.  You get to speak to a live person when you call in that can answer your questions about setting up SD residency, the pros and cons and help you with getting it all done.  They are very nice people with LOTS of 5 star ratings and reviews across the internet.  After being in business for 12 years this is an awesome sign of a good business.  

[Kirk W]

1 hour ago, lafarmer said:

After being in business for 12 years this is an awesome sign of a good business.  

Did you happen to ask Escapee mail how long they have been in business? 

[soos]

On 5/5/2017 at 0:42 PM, Blues said:

You can renew vehicle registration by mail, but that first registration has to be done in person.  The Texas DPS website says:  "Within 30 days of bringing the vehicle to Texas, you must obtain a vehicle inspection and visit your county tax assessor-collector to title and register the vehicle. The vehicle must pass inspection before it can be registered and titled. After having it inspected, take the following to your county tax office..."

As for the driver license, the txdmv.gov website says:  "Prior to the end of the 90 day grace period, a new Texas resident must apply for a Texas license in person at any driver license office to continue to drive legally."

 

I have numerous vehicles registered in TX and I never gone to TX to get it done, they were All done remotely from around the country. 

there are procedures in place for those who are not in the state to get their vehicles registered, and as mentioned, you do NOT need to get the inspection unless you happen to go to the state of TX.  

I suggest anyone who wants answers call the DMV in livingston.