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James William Martin
Florida real estate, estate planning, and business lawyer
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Biography
James W. Martin is an experienced real estate, estate planning, and business lawyer in private practice in St. Petersburg, Pinellas County, Florida. He is board certified in real estate law by the Florida Bar and has achieved the highest lawyer ratings on Super Lawyers, Avvo, and Martindale. He has written law books and articles published in national and Florida legal publications, spoken at bar seminars, and taught as an adjunct law professor at Stetson University College of Law.
Practice Areas
- Real Estate Law
- Estate Planning
- Trusts, Wills
- Probate
- Probate Administration
- Business Law
- Business Contracts, Business Dissolution, Business Formation
Video Conferencing
- FaceTime
- Skype
- Zoom
- FreeConferenceCall
- GoToMeeting
- Microsoft Teams
Fees
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Florida
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- 11th Circuit
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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
- James W. Martin, P.A.
- - Current
- Adjunct Professor of Law
- Stetson University College of Law
- -
- Contract Drafting, Law Practice Management, Legal Drafting
- Partner
- Law Offices of Brickley & Martin
- -
Education
- Stetson University College of Law
- J.D.
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- Stetson University
- B.S. | Mathematics
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- University System of Georgia - Georgia Institute of Technology
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Awards
- 10.0
- Avvo
- SuperLawyers
- Thomson Reuters
- AV Preeminent
- Martindale-Hubbell Law Directory
- Stetson Law Hall of Fame
- Stetson University College of Law
Professional Associations
- American Law Institute Continuing Legal Education
- Editorial Board, ALI-CLE The Practical Lawyer (former)
- Current
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- City of St. Petersburg
- Councilman for District 4 (former)
- Current
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- The Florida Bar Probate Rules Committee
- Committee Member (former)
- Current
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Publications
Articles & Publications
- Drafting a Clear As-Is Agreement
- St. Petersburg Bar Association Real Property Section
- Drafting the Contract or Settlement Agreement That Stays Out of Court
- The Brief, ABA Tort, Trial & Insurance Practice Section
- Drafting the Settlement Agreement That Stays Out of Court
- Tort, Trial & Insurance Practice Section, American Bar Association Annual Convention, Chicago
- Fifty Tips for Writing the 21st Century Contract That Stays Out of Court
- ALI-ABA The Practical Real Estate Lawyer, The Florida Bar Journal, ALI-ABA’s Practice Checklist Manual for Drafting Leases IV, ALI-ABA’s Real World Document Drafting: Form, Style and Substance, and Thomson West’s Foundations of Legal Research & Writing
- Fifty Tips for Writing the Contract That Stays Out of Court
- ALI-ABA The Practical Real Estate Lawyer
Speaking Engagements
- The Basics of Contract Drafting, Basic Transactional Law, Tampa
- The Florida Bar Young Lawyers Division
Certifications
- Board Certified in Real Estate Law
- The Florida Bar
Websites & Blogs
- Website
- Florida Lawyer Jim Martin
Videos
Legal Answers
7 Questions Answered
- 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
- Q. If a seller fsbo had no agent and the buyer is a broker does the seller owe him a commission for buying their house?
- A: See Florida Statutes Section 475.278 here regarding broker disclosure requirements: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.278.html
- Q. Will a Quit Claim deed from mother to son avoid probate upon her death?
- A: It might remove the conveyed real estate from what would pass by probate at her death, but it might incur federal gift tax during her lifetime, and it might result in loss of Florida homestead benefits such as the Save Our Homes Cap and exemption from claims of creditors. There are usually better estate planning tools than conveying real estate to family members prior to death, especially if the real estate is still being used.
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