In Massachusetts, the primary difference between domicile and deemed domicile centers on the individual's legal residence and their intentions. Domicile is defined as the place where a person has their permanent home, indicating their primary and fixed habitation. On the other hand, deemed domicile refers to individuals who may not physically reside in Massachusetts but are considered domiciled there for tax purposes because they meet specific criteria, such as maintaining substantial connections to the state. The Affidavit of Domicile form is a critical document utilized to declare a person's legal residence at the time of a decedent's death, serving to facilitate the transfer of the decedent's assets. Key features of this affidavit include outlining the decedent's domicile address and confirming that they weren't residents of any other state at the time of death. When filling out the form, users should ensure accurate information about the decedent is provided, including their full address and the duration of residency. This form is particularly useful for attorneys, partners, owners, associates, and paralegals dealing with estate matters, as it helps establish the legal residence necessary for probate and asset distribution. Legal assistants can also find this form instrumental when gathering and preparing documentation related to estate administration.
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