Florida Wills, Trusts and Probate Attorney James W. Martin Blog

Formal notice of a Florida probate proceeding must be served by a means of delivery requiring proof of delivery. Formal notices are sent along with copies of various probate documents in order to legally bind the person being served. The formal notice in a probate proceeding is similar to a summons in a civil proceeding.…

Legal Ways To Preserve Wealth In Florida The word is out on Tampa Bay: sunny skies, white sandy beaches, water all around, and the world’s best airport; the arts, culture and music; state-wide cell phone coverage; high speed cable modem Internet access. What a great place for the High Tech to live! What is not…

People often create revocable living trusts in Florida to avoid probate. And some of those people actually transfer assets into the trust to fund it. And it’s true that the trust’s assets are not assets of the probate estate when the person dies. But probate is still required for another reason: clearing possible claims of…

Putting your name on the title to a car, truck or other motor vehicle in Florida makes you personally liable for the negligence of the driver. The dangerous instrumentality doctrine extends liability of the driver to become personal liability of every owner of the vehicle. This should give pause to parents before putting their names…

The Florida Annual Report (formerly known as the Florida Uniform Business Report) is the annual report that most Florida corporations, partnerships and limited liability companies (LLC) must file with the Florida Division of Corporations of the Florida Department of State in order to remain an active legal entity. The form must be filed no later…

On June 20, 2014, the Florida Governor approved a new law to allow the formation in Florida of social purpose corporations and benefit corporations. These organizations fall between for-profit corporations and nonprofit corporations by allowing the boards of directors to consider public benefit goals in addition to making profits. There are occasions when real estate…

Florida law requires that every Florida corporation have a registered agent and a registered office. The registered agent’s name and the registered office appear on the annual report that the corporation must file by May 1 of each year with the Florida Division of Corporations in the Florida Department of State. The question is, “Who…

A question that Florida probate lawyers sometimes hear is, “Can a will be contested before the person dies?” This is usually accompanied by facts suggesting that a mother, father or other family member is the subject of undue influence or has been diagnosed with a medical condition that results in mental incapacity. The answer to…

Florida Probate Basics Jim Martin is a Florida probate lawyer who drafts wills and trusts for Florida residents and who also advises beneficiaries, personal representatives, and trustees in probate and trust proceedings throughout Florida after a Florida resident dies. He usually charges for his services based on an hourly rate payable from the assets of…

So, what’s the difference between the legal title to real estate and the legal title to a motor vehicle? It’s simply this: motor vehicles have title certificates, but real estate does not. A good way to see the difference is to consider the legal documents needed when changing the title. If you have a car…