Florida Lawyer James W. Martin’s Blog

In 2024 Hurricane Helene’s storm surge damaged tens of thousands of homes on the west coast of Florida. Hurricane Milton’s winds came two weeks later causing more damage. Entire neighborhoods were still undergoing construction repairs and replacements six months later. As many of these homes come on the market for sale, legal questions are being…

Florida probate attorneys spend a lot of time meeting with clients and helping them create their estate plans and planning for the future. All of that work ends up on paper in the form of wills, trusts, powers of attorney, living wills, designations of health care surrogates, and beneficiary designations. In most cases, the originals…

3/5/26 Update to 8/18/24 post: For additional information, see Florida Realtors Rolls Out New, Updated Forms 1/2/2026, NAR Guide to Written Buyer Agreements, Exclusive Buyer Brokerage Agreement – No Brokerage Relationship (EBBA-8nr), Exclusive Buyer Brokerage Agreement – Single Agent (EBBA-8sa), Exclusive Buyer Brokerage Agreement – Transaction Broker (EBBA-8tb), Exclusive Buyer Brokerage Agreement – Consent to…

We tend to think of heirs as being our family, both immediate and extended. But when it comes to Florida probate law, they’re not. Which means if you don’t make a will, or if you lose your will, or if no one can find your will after you die, then the State of Florida might…

A recent Florida probate case answered the question “When is a survivor not a survivor?” In Chauncy v. Gorden, 374 So.3d 884 (Fla. 5th DCA), the appellate court upheld the trial court’s determination that “use of the word ‘survivor’ in a will referred to the survivor of the two persons named in the will, not…

As Florida lawyers, we tend to think that what’s in writing counts more than what’s said. It does, but what’s in writing doesn’t always control. Larkins v. Mendez is a case in point.  Sometimes a Florida resident adds a child to their bank account, which raises the question whether doing so is intended to be…

Nat Stirberg died leaving his surviving spouse Valerie Stirberg and children to litigate over who owns his homestead apartment. The case was decided on March 15, 2023, when the Florida Fourth District Court of Appeal in Stirberg v. Fein as Co-Trustee of Nat Stirberg Revocable Residence Trust, 48 Fla. L. Weekly D577, decided that the…

Florida probate lawyers know that when a Florida resident dies owing people money those people need to file claims against the decedent’s estate in a Florida probate court proceeding. The same applies when the decedent dies in an auto accident: anyone claiming that the decedent caused injuries must file a claim in the probate proceeding.…

My NEW FREE ebook “Florida Real Estate Lease Agreements: A Collection of Forms for Lawyers” is now available on my website. It is also available as a free ebook on Apple Books (Mac, iPhone, iPad), Google Books, Google Play Books (Android), Barnes and Noble Nook, and Amazon Kindle and as a $12 paperback on Amazon…

My NEW FREE ebook “Florida Real Estate Sales Contracts: A Collection of Forms for Lawyers” is now available on my website.  It is also available as a free ebook on Apple Books (Mac, iPhone, iPad), Google Books, Google Play Books (Android), Barnes and Noble Nook, and Amazon Kindle and as a $12 paperback on Amazon…