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

Here are some tips for sellers of Florida real estate from a Florida Bar board certified real estate lawyer in Florida: Don’t agree to anything until you’re ready to sign a written contract. The last thing you need is someone claiming you agreed to sell them your Florida real estate and threatening to sue you…

Architects, interior designers, landscape architects, engineers, surveyors, and geologists licensed in Florida can breathe a sigh of relief. The Legislature and Governor have given them a new law to limit their liability for negligence, in certain cases, if they jump through the right hoops. And it does not take effect until July 1, 2013. So,…

The 2012 Florida Legislature has okayed robot cars in Florida: “a motor vehicle that has the capability to drive the vehicle on which the technology is installed without the active control or monitoring by a human operator.” The technical term is “autonomous vehicle”, but robot car is what it is. And all you need is…

The mortgage follows the note. So, if the note becomes unenforceable, does the mortgage become unenforceable? The Florida Probate Code provides a 2-year statute of limitations on creditor claims, in addition to the 3-month statute of limitations on claims by reasonably ascertainable creditors. If a lender fails to file a claim within 2 years after…

When a Florida employer terminates a Florida employee, the employee will join the ranks of the unemployed. The unemployment rate is at its highest in 26 years. The employee might not find another job in time to meet monthly obligations and might not have enough money to pay for subsidized COBRA health insurance. Other than…

When someone dies in Florida, many families are anxious to pay the creditors. Most people want to pay their debts so it’s a natural thing to want to pay the decedent’s debts as soon as someone is appointed as personal representative to sign on the decedent’s bank accounts. But there’s a hidden problem that Florida…

Florida no longer recognizes springing powers of attorney, unless they were signed before 10/1/11. That’s the effective date of the amendment to Florida Statutes Chapter 709, which says a power of attorney is exercisable when executed. The former law allowed powers of attorney to be effective upon the principal’s lack of capacity. The idea behind…

When a Florida resident dies, the Florida Constitution protects the surviving spouse and minor children from becoming homeless by prohibiting the decedent from leaving the homestead to anyone else. It says “[t]he homestead shall not be subject to devise if the owner is survived by spouse or minor child.” That seems pretty clear. But, apparently,…

The world is paperless. Finally. At last. After decades of talk. The only time there’s paper is when you hit the print button on your email. The problem is most people use their email inbox like a big toy box. The newest toys are on top, and the oldest are on the bottom. When they…

Florida landlords have for many years been allowed to include a provision in their leases prohibiting construction liens (mechanics liens) for construction ordered by their tenants. This is not always fair to the contractors who do the work and don’t get paid, especially when the work improves the landlord’s land, so the 2011 Florida Legislature…