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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
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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.
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- Stetson University
- B.S.
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- University System of Georgia - Georgia Institute of Technology
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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
Professional Associations
- American Law Institute Continuing Legal Education
- Former Editorial Board Member, ALI-CLE The Practical Lawyer
- Current
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- City of St. Petersburg
- Former City Councilman
- Current
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- The Florida Bar Probate Rules Committee
- Former Committee Member
- Current
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- St. Petersburg Bar Association
- Former Chair, Real Estate, Probate, and Business Law Sections
- Current
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- Salvador Dali Museum, Inc.
- Trustee, Executive Committee, and Officer
- Current
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- Leadership St. Pete and Leadership Tampa Bay
- Graduate
- Current
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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
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
Certifications
- Real Estate Law
- The Florida Bar Board of Legal Specialization and Education
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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