St. Petersburg Probate Attorney
St. Petersburg Probate Attorney
Welcome to the homepage of James W. Martin, P.A., a probate attorney practicing in St. Petersburg, Pinellas County, Florida, who has served on The Florida Bar Probate Rules Committee. With decades of legal experience, he holds the highest ratings on Martindale, Super Lawyers, Avvo, Lawyers.com, and Justia. In addition to his law practice, he has authored nationally-published law journal articles and law books for West Publishing among others. He invites you to explore his website to learn more about his legal services and how he can help you navigate your legal needs in Florida wills, trusts, and probate litigation matters.
“My goal in every case is to help my clients exercise their rights and perform their duties with as little risk as practical and as quickly as legally possible.”
St. Petersburg Probate Litigation Attorney James W. Martin
Because most probate estates involve real estate, James W. Martin is also Board Certified in Real Estate Law by The Florida Bar Board of Legal Specialization.
And he serves as Adjunct Professor of Law at his alma mater Stetson University College of Law, which is rated #1 by U.S. News and World Report.
Most cases begin with a phone consultation where James W. Martin learns the facts of the case. He takes all calls himself at 727-821-0904, so potential clients speak directly to this Florida probate litigation attorney.
How Do You Know If You Are an Heir of a Florida Resident Who Died?
Pinellas County probate litigation attorney James W. Martin helps his clients determine if they are heirs of a Florida resident who died, or a nonresident who died owning assets in Florida. He uses his Intestate Heirs Decision Tree for Florida Probate Assets to apply the Florida Probate Code to the facts of each probate case. With decades of experience dealing with Florida wills, trusts, probate, and real estate, he is often able to quickly determine whether his client has a case or not.
Florida Probate and Trust Litigation
Probate litigation attorney James W. Martin understands the complexities and sensitivities surrounding Florida trust and probate litigation. Navigating the intricacies of the legal system can be overwhelming, particularly when dealing with the emotional aftermath of losing a loved one. That’s why he is committed to providing personalized, compassionate, and effective legal representation to protect his clients’ interests and rights in trust and probate matters.
Florida probate attorneys and trust attorneys are familiar with Florida Statutes Chapters 731 through 740 regarding probate estates and trusts. For example, Florida Statutes Section 732.502 sets forth the requirements for signing a Florida will, which can be sometimes be the basis for a will contest.
Pinellas County, Florida Probate Estates
Commencing and administering Pinellas County, Florida probate estates first appears to be a confusing and difficult process for all parties involved. Pinellas County probate attorney James W. Martin’s extensive experience with wills, trusts, and estates of Florida residents has provided him a strong foundation from which to advise his probate estate clients.
He provides advice and representation in Florida probate and trust administration. Every probate case involves filing a petition with the probate court to commence administration. James W. Martin has extensive experience in commencing and administering Florida probate cases, from the simplest cases to the most complex estate cases.
James W. Martin served six years on the Probate Rules Committee of The Florida Bar.
James W. Martin is the author of nationally published articles on probate, such as Ten Tips for Handling Complex Probate, published in The Practical Lawyer, by the American Law Institute — American Bar Association.
James W. Martin answers many frequently asked questions about probate on his Florida Probate and Estate FAQ page.
Florida Real Estate in Probate
As a Florida Board Certified Real Estate Lawyer, James W. Martin offers comprehensive legal services encompassing all aspects of Florida real estate transactions for trusts and probate estates. He is adept at advising clients on the sale of residential, industrial, vacant land, and commercial properties, to provide a smooth and legally sound process. He also provides proficient legal guidance in the realm of construction law, assisting property owners in the nuances of Florida construction law. Additionally, he handles matters related to leases involving trust and probate estates.
As a real estate and probate attorney, he is familiar with various Florida Statutes governing real property in Florida, such as Florida Statutes Chapter 475 regulating real estate brokers and agents, Florida Statutes Chapters 689 through 723 governing real property and personal property, and Florida Statutes Chapter 117 regarding notaries public.
James W. Martin’s board certification in Real Estate Law was issued by The Florida Bar Board of Legal Specialization and Education after years of education and experience and passing a second bar exam on the subject of Florida real property law. There are only seven Florida Bar Board Certified Real Estate Lawyers in St. Petersburg, Florida.
Florida Probate Advice
Florida probate proceedings often involve advice regarding the rights and duties of beneficiaries, personal representatives, creditors, and family. James W. Martin has decades of experience in probate and estates of Florida residents, which he puts to use in every probate case he handles.
Selling Real Estate in Florida Probate
Selling real estate in probate in Florida is complicated by the fact that title to real estate in Florida generally passes immediately on the date of death, even before a probate case is opened, but it is still subject to probate administration. Florida probate attorney James W. Martin provides legal advice and services to probate beneficiaries and personal representatives on selling real estate in probate of Florida decedents and also to trust beneficiaries and trustees of trusts owning real estate in Florida.
Contracts for Sale of Real Estate in Probate
Florida attorney James W. Martin drafts and reviews all types of contracts, such as real estate sales contracts for sale of real estate in Florida. In addition to his law practice, James W. Martin also teaches contract drafting as an Adjunct Professor of Law at Stetson University College of Law, and he has written over a dozen books and articles on contract drafting that have been published in national and state bar publications. His article “Fifty Tips for Writing the Contract That Stays Out of Court” received The Florida Bar’s Writing Competition Award and has been published in several journals. In addition, James W. Martin has been a speaker at national, state and local bar association conventions and seminars on the subject of drafting contracts and other legal documents.
Real Estate in Probate and Trust
When a Florida resident dies, a probate proceeding is often required to deal with the decedent’s real estate. It’s usually the most valuable asset people own. And if it’s homestead, then it needs to be protected from estate creditors.
James W. Martin Martin is the author of nationally published articles on real estate, such as Tips for Handling the Complex Real Property Transaction, published in the journal The Practical Real Estate Lawyer by the American Law Institute CLE.
And he has written four volumes of legal forms books for attorneys on the subject of Florida real estate sales, leases, and transactions, including the books “Florida Real Estate Sales Contracts” and “Florida Real Estate Lease Agreements”.
Florida real estate laws can be complicated so James W. Martin provides his clients with comprehensive legal services for many aspects of Florida real estate law.
Frequently asked questions on real estate are answered on James W. Martin’s Florida Real Estate Law FAQ page.
Florida Living Trusts
James Martin’s trust litigation law practice deals with the many legal issues that arise when a Florida resident dies with assets owned by a living trust and assets owned outside the living trust.
Florida Estate and Trust Documents
The primary documents for a Florida resident who has died are a last will and testament and, possibly, a revocable living trust. In addition, various documents must be signed to fund the living trust with assets prior to the resident’s death. Assets outside the trust might need to be probated. In addition, probate is generally required to clear claims of creditors by reducing the usual 2-year claims period to just 3 months.
Florida Probate and Trust Assets
Florida probate and trust estates own three kinds of assets — real property, tangible personal property, and intangible personal property. Here are some examples:
- Real estate: Homes, land, buildings, stores, offices, warehouses and industrial plants are real estate, which is also called real property.
- Tangible personal property: The contents of buildings are called tangible personal property, unless they are affixed to the buildings in which case they are called fixtures.
- Intangible personal property: Bank accounts, retirement accounts, IRAs, LLC memberships, corporation stock, partnerships interests, and investment accounts are called intangible personal property.
Florida probate attorney James W. Martin has a broad background in dealing with all types of assets in probate and trust estates and has written numerous legal books and articles on probate, estates, trusts, real estate, corporate, LLC, nonprofit, and business.
Law Professor and Author
James W. Martin’s experience includes teaching law students as an adjunct professor of law at Stetson University College of Law, authoring 5,000 pages of legal forms for his books published by West Publishing, and writing articles for law journals. During the pandemic James W. Martin wrote five books for attorneys that are available on Amazon and Barnes and Noble and that are useful in probate cases.
Practice Areas
Meet St. Petersburg Probate Litigation Attorney James Martin
James W. Martin practices trust and probate litigation in St. Petersburg, Pinellas County, Florida, has the highest ratings on Martindale, Lawyers.com, Avvo, Justia, and Super Lawyers, is author of nationally-published law books and articles, and is Adjunct Professor of Law at Stetson University College of Law.Florida Lawyer Jim Martin Blog
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St. Petersburg, Pinellas County, Florida
Get in Touch
For your initial consultation, just fill out the Leave a Message form or email jim@jamesmartinpa.com or call (727) 821-0904.- 1 Highest Ratings
- 2 Decades of Experience
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