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      Estates in Two States

      A Beneficiary Deed Recorded in the Wrong State

      A transfer-on-death or beneficiary deed lets an owner name who receives real property at death while retaining full ownership and the power to revoke during life. It is recognized in a substantial and growing number of states and not in all of them, and because land is governed by the state where it sits, the only question that matters is whether that state recognizes the instrument.

      7 min readAcross state lines

      License Portability & Compacts

      A Compact Privilege Is Not a Second License

      An interstate licensure compact allows a practitioner licensed in one member state to practice in others without obtaining a separate license, on a privilege derived from and dependent on the home state license. A second license is independent: it survives the loss of the first, is renewed on its own cycle and is answerable to its own board. The privilege is cheaper, faster and conditional; the license is slower, more expensive and durable.

      6 min readAcross state lines

      Being Sued in Another State

      A Default Judgment Entered in Another State

      Full faith and credit requires each state to give a sister-state judgment the effect it has where rendered, which is enforced through a registration procedure adopted in most states rather than by fresh litigation. A judgment debtor cannot reopen the merits, cannot argue that the rendering state applied the wrong law and cannot invoke public policy.

      7 min readAcross state lines

      Estates in Two States

      A Will Valid Where It Was Signed

      Nearly every state accepts a will validly executed under the law of the place where it was signed, or where the testator was domiciled at signing or at death, which covers most moves between states. The gaps are real: holographic wills recognized in some states and rejected in others, witness rules that differ, and self-proving affidavits a second state may not accept, which turns a routine admission into one needing witness testimony.

      7 min readAcross state lines

      Residence & Domicile

      Abandoning a Domicile Without Establishing Another

      A domicile continues until it is replaced. Because every determination that depends on domicile requires an answer, the law does not permit a gap, so a person who leaves a state without settling anywhere else remains domiciled where they started. Travel, temporary assignments, extended stays abroad and periods of genuine indecision all leave the former state in place, and it continues to claim the person for tax, jurisdiction and estate purposes.

      7 min readState law

      Federal or State Court

      Abstention and When a Federal Court Steps Back

      Federal courts have a strong obligation to exercise the jurisdiction Congress has given them, and abstention doctrines are limited exceptions to that duty. They permit deferring where an unsettled question of state law could avoid a constitutional ruling, where a state has established a complex regulatory scheme with its own review, where a federal ruling would interfere with ongoing state enforcement proceedings, and where exceptional circumstances make duplicative litigation clearly wasteful.

      6 min readFederal law

      State Law & Immigration Status

      Address Changes Reported Between Systems

      There is no central address of record in American administration. The federal immigration agency, the immigration court, the postal service, the state motor vehicle agency, benefit programs, licensing boards and employers each hold an address independently, and each has its own change procedure. The federal obligation carries a short statutory deadline, the court obligation is separate from it, and a postal forwarding order satisfies neither.

      7 min readFederal and state

      Residence & Domicile

      Answering a Summons From a State That No Longer Claims You

      Jury service is tied to residence in the county or district that issued the summons, so a person who has genuinely moved is not qualified and should say so. The response is administrative — a short written statement on the form or by letter, with evidence of the new address — and it is not optional: an unanswered summons can produce a show-cause order or a fine, enforced against someone who is no longer there.

      7 min readState law

      Being Sued in Another State

      Appearing to Object Without Submitting

      Unlike subject matter jurisdiction, personal jurisdiction is a personal right that can be waived. It is waived by omitting the objection from the first responsive motion or pleading, by filing a motion that seeks other relief without including it, and in some circumstances by taking substantive steps in the case before raising it.

      7 min readAcross state lines

      Tax Residency & Nexus

      Being a Resident of Two States at Once

      Dual residency arises where one state treats a person as domiciled there while another treats them as a statutory resident on day count and abode, or where two states reach different domicile conclusions on the same facts. Each then taxes worldwide income. Resident credits were designed for income sourced elsewhere rather than for a second resident claim, and the coverage is incomplete — particularly for investment income, which has no source state the rules recognize.

      7 min readAcross state lines

      Estates in Two States

      Bonds and Local Agents Required of a Foreign Fiduciary

      A personal representative or trustee acting in a state other than their own is frequently required to post a fiduciary bond and to appoint a resident agent for service of process. The bond is an insurance instrument protecting beneficiaries and creditors against loss, priced on the value of the assets and the fiduciary's credit. Wills commonly waive bond, and some states honor the waiver while others require a bond from a non-resident regardless.

      7 min readState law

      Which State's Law Applies

      Borrowing Statutes and Which Limitation Period Runs

      Because limitation periods have historically been characterized as procedural, the forum's own period governs, which invited plaintiffs to file in a state with a longer deadline after their own had expired. Nearly every state responded with a borrowing statute providing that where a claim arose in another state and is barred there, it is barred in the forum as well.

      7 min readAcross state lines