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James W. Martin
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St. Petersburg Probate Attorney
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
William Douglas Preston
March 10, 2023
Rating:
10
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Biography
James W. Martin is an experienced probate attorney in St. Petersburg, Pinellas County, Florida with the highest lawyer ratings on Justia, Super Lawyers, Martindale, and Avvo and over 49 years of law practice experience. Pinellas County probate matters are his primary focus. He is also Board Certified in Real Estate Law by The Florida Bar and is an Adjunct Professor of Law at Stetson University College of Law.
He welcomes new clients in Pinellas County probate cases involving wills, trusts, and probate estates.
Most cases begin with a free phone consultation where he learns the facts of the case and decides whether it is one that would benefit from his legal services. He is a sole practitioner so he takes all calls himself, allowing potential clients to speak directly to an experienced lawyer about their possible case.
Most probate cases include issues involving wills, trusts, real estate, businesses, and other property. He has drafted hundreds of will and trusts, handled real estate sales and leases, and formed corporations, LLCs and nonprofits. And he has written many articles and books on these subjects.
Practice Areas
- Probate
- Probate Administration
- Estate Planning
- Trusts, Wills
Video Conferencing
- FaceTime
- Zoom
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
- Super Lawyers
- Thomson Reuters Super Lawyers
- Martindale AV Preeminent Rating
- Martindale.com and Martindale-Hubbell Law Directory
- Stetson Law Hall of Fame
- Stetson University College of Law
Professional Associations
- St. Petersburg Bar Association
- Former Chair, Real Estate, Probate, and Business Law Sections
- Current
-
- Salvador Dali Museum, Inc.
- Trustee, Executive Committee, and Officer
- Current
-
- 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
-
- Leadership St. Pete and Leadership Tampa Bay
- Graduate
- Current
-
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
- Board Certified in Real Estate Law
- The Florida Bar
Websites & Blogs
- Website
- James W. Martin, P.A.
- Blog
- St. Petersburg Probate Attorney Jim Martin Blog
- An Inconveniently Convenient Joint Bank Account
May 31, 2023 - Any Devise of Homestead Property That Does Not Grant a Fee Simple Interest to a Surviving Spouse … Fails
April 30, 2023 - Florida Court Says $2 Million Claim For Elderly Exploitation and Theft Lacks Sufficient Priority In Probate Court
July 25, 2022
2013 Hall of Fame Inductee James Martin
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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