Free Consultation: (727) 821-0904Tap to Call This Lawyer
James W. Martin

James W. Martin

Real Estate and Probate Attorney in Tampa St. Petersburg Area
  • Probate, Estate Planning, Real Estate Law
  • Florida
Badges
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
Biography

James W. Martin practices real estate, wills, trusts and probate law in the Tampa St. Petersburg Area including Pinellas County and Hillsborough County, Florida and throughout the Tampa Bay Area. He has the highest lawyer ratings on Justia, Super Lawyers, Martindale, and Avvo. He served six years on the Florida Probate Rules Committee. He is an Adjunct Professor of Law at Stetson University College of Law. He is also Board Certified in Real Estate Law by The Florida Board Board of Legal Specialization. He has written nationally-published books and articles on real estate, business, wills, trusts, and probate law and has chaired the Real Property, Business, and Probate Law Sections of the St. Petersburg Bar Association.

He welcomes new clients. Cases begin with a free phone consultation. He is a sole practitioner and takes all calls himself, allowing potential clients to speak directly to an experienced trust and probate attorney about their case.

Practice Areas
Probate
Probate Administration, Probate Litigation, Will Contests
Estate Planning
Trusts, Wills
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Homeowners Association, Neighbor Disputes, Residential Real Estate, Water Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Florida
The Florida Bar
Placeholder image for jurisdictions.
U.S. Supreme Court
Placeholder image for jurisdictions.
US District Court Middle District Florida
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
Professional Experience
Attorney, Shareholder and President
James W. Martin, P.A.
Current
Adjunct Professor of Law
Stetson University College of Law
Current
Education
Stetson University College of Law
J.D.
Stetson University College of Law Logo
Stetson University
B.S.
Stetson University Logo
University System of Georgia - Georgia Institute of Technology
University System of Georgia - Georgia Institute of Technology Logo
Awards
10.0 Rating
Justia
Martindale AV Preeminent Rating
Martindale.com and Martindale-Hubbell Law Directory
Stetson University College of Law Hall of Fame
Stetson University College of Law
Super Lawyers
Thomson Reuters Super Lawyers
Avvo 10.0 - 9.9 Rating
Avvo
Professional Associations
American Law Institute Continuing Legal Education
Former Editorial Board Member, ALI-CLE The Practical Lawyer
Current
Placeholder image for professional associations.
City of St. Petersburg
Former City Councilman
Current
Placeholder image for professional associations.
The Florida Bar Probate Rules Committee
Former Committee Member
Current
Placeholder image for professional associations.
St. Petersburg Bar Association
Former Chair, Real Estate, Probate, and Business Law Sections
Current
Placeholder image for professional associations.
Salvador Dali Museum, Inc.
Trustee, Executive Committee, and Officer
Current
Placeholder image for professional associations.
Leadership St. Pete and Leadership Tampa Bay
Graduate
Current
Placeholder image for professional associations.
Publications
Articles & Publications
10 Tips for Handling Complex Probate
The Florida Bar Journal
10 Tips for Handling Complex Probate (With Forms)
The Practical Lawyer, American Law Institute - American Bar Association
10 Tips for Handling the Complex Real Property Transaction (With Forms and Checklist)
The Practical Real Estate Lawyer, American Law Institute Continuing Legal Education
A Model Electronic File Policy for the Law Office
The Practical Lawyer, American Law Institute - American Bar Association
All Lawyers Are Solos — Aren't We?
The Practical Lawyer, American Law Institute Continuing Legal Education
Be Careful Using Form Real Estate Contracts
The Florida Bar News
Construction Contractors in Florida Are Incorporating
The Florida Bar News
Converting from Paper to Electronic Files
The Florida Bar News
Don't Print That Email
The Practical Lawyer, American Law Institute - American Bar Association
Drafting the Contract or Settlement Agreement That Stays Out of Court
The Brief, Tort, Trial & Insurance Practice Section, American Bar Association
Drafting the Contract or Settlement Agreement That Stays Out of Court
The Best Articles Published by the ABA, General Practice, Solo & Small Firm Section, American Bar Association
Drafting the Settlement Agreement That Stays Out of Court
Tort, Trial & Insurance Practice Section, American Bar Association Annual Convention, Chicago
Fifty Tips for Drafting Contracts (With Sample Provisions)
The Practical Lawyer, American Law Institute Continuing Legal Education
Fifty Tips for Writing the 21st Century Contract That Stays Out of Court
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
Fifty Tips for Writing the 21st Century Contract That Stays Out of Court
The Florida Bar Journal
Fifty Tips for Writing the Contract That Stays Out of Court
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
Fifty Tips for Writing the Contract That Stays Out of Court
The Florida Bar News
Florida Legal Forms — Business Organizations, Volumes 1 and 2 (Books)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Real Estate Transactions, Volumes 3 and 4 (Books)
Thomson Reuters West Publishing Co.
Florida Legal Forms — Specialized Forms, Volumes 8 and 9 (Books)
Thomson Reuters West Publishing Co.
Florida Real Estate Lease Agreements: A Collection of Forms For Lawyers
James W. Martin, P.A.
Florida Real Estate Sales Contracts: A Collection of Forms for Lawyers (Ebook and Paperback Book)
James W. Martin, P.A.
Forget To Put Your Client's Address in the Judgment?
The Florida Bar News
Forming a Small Music Business — The Who Meets the Whys and the Wherefores
The Practical Lawyer, American Law Institute - American Bar Association
Going Paperless … Or Not?
The Practical Lawyer, American Law Institute - American Bar Association
How To Form a Florida Business Corporation — A Guide for Lawyers (Ebook and Paperback Book)
James W. Martin, P.A.
How To Form a Florida LLC or Limited Liability Company — A Guide for Lawyers (Ebook and Paperback Book)
James W. Martin, P.A.
How To Form a Florida Nonprofit Corporation — A Guide for Lawyers (Ebook and Paperback Book)
James W. Martin, P.A.
How to Sue an LLC Member Without Piercing the Corporate Veil
The Florida Bar News
How to Write Contracts and Other Documents as a Professional in a Mechanistic World
The Florida Bar News
How to Write Contracts and Other Documents as a Professional in a Mechanistic World
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
How to Write Letters Nonlawyers Will Read (With Sample Letters)
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
How to Write Letters Nonlawyers Will Read (With Sample Letters)
The Florida Bar News
I Want to Probate a Will in Federal Court
The Florida Bar News
I Want to Sign an Electronic Will
The Practical Lawyer, American Law Institute - American Bar Association
Is the Law of the Body a Body of Law?
The Florida Bar News
Law Limits Homeowners’ Rights to Sue Contractors
The Florida Bar News
LOM's Florida Corporation System Manual (Book)
LOM Press, Inc.
May I Shred My Scanned Paper Files?
The Florida Bar News
New Law Says File Money Judgments with Department of State
The Florida Bar News
Putting Your Entertainment or Sports Client's Nest Egg in Florida — Legal Ways to Preserve Wealth
The E.A.S.L. Newsletter, The Florida Bar Entertainment, Arts & Sports Law Section
Sincerely Yours Letter-Writing Macros
WordPerfect Magazine
Solo Practice Management Basics
The Practical Lawyer, American Law Institute Continuing Legal Education
The Technology You Need to Project Vision of Your Case
The Florida Bar News
The Technology You Need to Project Vision of Your Case
The Practical Litigator, American Law Institute - American Bar Association
West's Legal Forms, Nonprofit Corporations and Associations, Chapter 26, Specialized Forms, Volume 29 (2nd Edition) (Book Chapter)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Corporations and Associations, Volume 29 (3rd Edition) (Book)
Thomson Reuters West Publishing Co.
West's Legal Forms, Nonprofit Organizations, Volume 29 (4th Edition) (Book)
Thomson Reuters West Publishing Co.
Why You Need an Employee Policy for Electronic Information
The Practical Lawyer, American Law Institute - American Bar Association
Why You Need an Employee Policy for Electronic Information
Family Advocate, American Bar Association Family Law Section
Do You Need Client Consent to Disclose Estate Plan Documents?
ActionLine, Real Property Probate & Trust Law Section, The Florida Bar
Do You Need Your Client’s Consent to Disclose Estate Planning Documents?
The Practical Lawyer, American Law Institute Continuing Legal Education
Speaking Engagements
Basics of Contract Drafting, Basic Transactional Law
The Florida Bar CLE Committee and Young Lawyers Division
Drafting Settlement Agreements (That Stay Out of Court)
The Florida Bar Real Property, Probate and Trust Law Section, Construction Law Committee
Basics of Contract Drafting, Basic Transactional Law
The Florida Bar CLE and Young Lawyers Division
Tips for Handling the Complex Real Property Transaction, Webinar Planning Chair and Panelist
American Law Institute Continuing Legal Education
Getting to Paperless: A Lawyer or Law Firm’s Step by Step Guide, Basic Technology in the Law Practice
The Florida Bar Young Lawyers Division
Tips for Handling the Complex Real Property Transaction
St. Petersburg Bar Association Real Property Section
Solo Practice Management Basics, Solo Practice Institute
Stetson University College of Law
An Introduction to the Paperless Law Office
James W. Martin, P.A.
Snakes in the Grass: Hidden Real Property Issues in Probate
St. Petersburg Bar Association Real Property and Probate Sections
Ten Tips for Handling Complex Probate
St. Petersburg Bar Association Probate & Guardianship Section
Drafting a Clear As-Is Agreement, Everything You Always Wanted to Know About the As-Is Sale But Were Afraid to Ask
St. Petersburg Bar Association Real Property Section
Drafting the Settlement Agreement That Stays Out of Court, Presidential Showcase Program, Litigating with Power and Professionalism, ABA Convention, Chicago
American Bar Association Tort & Insurance Practice Section
Forming a Small Music Business: The Who Meets the Whys and the Wherefores, Does Size Matter? Representing the New Breed of Independent Labels, Annual Retreat Seminar
The Florida Bar Entertainment, Arts and Sports Law Section
The Lawyer's Conscience: Professionalism and Ethics in Writing, The Florida Bar Convention
The Florida Bar Journal & News
How to Write Letters Nonlawyers Will Read, The Florida Bar Convention
The Florida Bar Journal & News
The Lawyer's Conscience: Professionalism in Writing Contracts and Wills for a Mechanistic World, The Florida Bar Convention
The Florida Bar Journal & News
Writing the Contract that Stays Out of Court, The Florida Bar Convention
The Florida Bar Journal & News
Nonprofit Corporations in Florida
The Florida Bar Business Law Section
Certifications
Real Estate Law
The Florida Bar Board of Legal Specialization and Education
Websites & Blogs
Website
James W. Martin, P.A.
Blog
Florida Lawyer Jim Martin Blog
Legal Answers
9 Questions Answered
Q. My son’s grandmother through a codicil in her will, set up a Trust for him in January 2000. To date he has seen no $.
A: Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any event, a Florida attorney who handles trust cases should be engaged for your son to provide legal advice, including the possibility of making a demand for this information, as a first step.
Q. We have a air conditioning unit left on our property by a contractor, can we sell or give this away without repercussion
A: Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the owner of the real property should engage a lawyer to assist in returning to the rightful owner the material that was provided and left on the real property. The rightful owner might be the contractor or it might be the contractor's supplier or perhaps even someone else.
Q. I'm starting a business as a sole proprietor in Florida do I need a DBA to use my initial and last name?
A: See F.S. 865.09 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0865/Sections/0865.09.html
View More Answers
Contact & Map
James W. Martin, P.A.
St. Petersburg
Pinellas County, FL 33701
Telephone: (727) 821-0904