James W. Martin

James W. Martin

Probate Attorney
  • Probate, Estate Planning, Real Estate Law
  • Florida
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Biography

I practice in the areas of wills, trusts, real estate, and probate in the St. Petersburg Area, Pinellas County, Florida. I take pride in having received the highest lawyer ratings on platforms such as Justia, Super Lawyers, Martindale, and Avvo. My dedication to this field is also shown through my service on the Florida Bar Probate Rules Committee and as Chair of the St. Petersburg Bar Association Probate Law Section.

In addition to my work in probate law, I am an Adjunct Professor of Law at Stetson University College of Law and hold Board Certification in Real Estate Law from The Florida Bar Board of Legal Specialization and Education. Over the years, I have written nationally-published books and articles for lawyers on real estate, wills, trusts, and probate law. I also serve on the Executive Committee and Board of Trustees of the Dali Museum in St. Petersburg, Florida.

I am currently accepting new clients. Each case starts with a phone consultation. As a sole practitioner, I personally handle all calls, ensuring that potential clients can directly discuss their cases with an experienced probate attorney.

Practice Areas
Probate
Probate Administration, Probate Litigation, Will Contests
Estate Planning
Trusts, Wills
Real Estate Law
Additional Practice Areas
  • Real Estate in Probate
  • Homestead Law
  • Real Estate in Trust
Jurisdictions Admitted to Practice
Florida
The Florida Bar
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U.S. Supreme Court
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US District Court Middle District Florida
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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
AV Preeminent Rating
Martindale-Hubbell
Hall of Fame
Stetson University College of Law
Super Lawyers
Thomson Reuters
10.0 Rating
Avvo
10.0 Rating
Justia
Professional Associations
Salvador Dali Museum, Inc.
Board of Trustees and Executive Committee
Current
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Publications
Articles & Publications
10 Tips for Handling Complex Probate
The Practical Lawyer, American Law Institute - American Bar Association and The Florida Bar Journal
10 Tips for Handling the Complex Real Property Transaction
The Practical Real Estate Lawyer, American Law Institute Continuing Legal Education
Do You Need Your Client’s Consent to Disclose Estate Planning Documents?
The Practical Lawyer, American Law Institute Continuing Legal Education
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
Fifty Tips for Drafting Contracts
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 and The Florida Bar Journal
Florida Legal Forms — Real Estate, Business Organizations, and Specialized Forms (6 volumes)
West Publishing Co.
Florida Real Estate Lease Agreements
Amazon and Barnes and Noble
Florida Real Estate Sales Contracts
Amazon and Barnes and Noble
How To Form a Florida Business Corporation
Amazon and Barnes and Noble
How To Form a Florida LLC or Limited Liability Company
Amazon and Barnes and Noble
How To Form a Florida Nonprofit Corporation
Amazon and Barnes and Noble
How to Write Contracts and Wills as a Professional in a Mechanistic World
The Practical Real Estate Lawyer, American Law Institute - American Bar Association
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
Putting Your Entertainment or Sports Client's Nest Egg in Florida — Legal Ways to Preserve Wealth
The Florida Bar Entertainment, Arts & Sports Law Section
West's Legal Forms, Nonprofit Organizations
West Publishing Co.
Speaking Engagements
Ten Tips for Handling Complex Probate
St. Petersburg Bar Association Probate Law Section
Snakes in the Grass: Hidden Real Property Issues in Probate
St. Petersburg Bar Association Probate Law Section
Tips for Handling the Complex Real Property Transaction
American Law Institute CLE
The Lawyer's Conscience: Professionalism in Writing Contracts and Wills for a Mechanistic World
The Florida Bar Convention
Drafting Settlement Agreements (That Stay Out of Court)
American Bar Association Annual Convention
Drafting a Clear As-Is Agreement
St. Petersburg Bar Association Real Property Section
Writing the Contract that Stays Out of Court
The Florida Bar Convention
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
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Contact & Map
James W. Martin, P.A.
St. Petersburg
Pinellas County, FL 33701
US
Telephone: (727) 821-0904