Florida Lawyer Jim Martin Blog

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…

My NEW FREE ebook “How To Form a Florida LLC or Limited Liability Company: A Guide for Lawyers” is now available on my website. It is also available as a paperback on Amazon and Barnes and Noble and as an ebook on Apple Books, Google Books, Google Play Books, Barnes and Noble Nook, and Amazon…

Disclaimer clauses are common in contracts for sale of real estate, especially in as-is contracts. An as-is contract generally favors the seller by including wording that limits the seller’s liability to the buyer. For example, the contract might say that the real property is being sold as-is and without any warranties by the seller. It…

Every business needs a name. To tell customers what it is. To differentiate it from competition. And to identify it legally. Just like every person needs a name.

And, just like naming a person, naming a business takes time, thought, effort, and communication. You can’t just go register a domain name on Go Daddy and be done with it. Well, you can, but be ready to suffer the consequences.

Everyone who deals with real estate in Florida needs a survey. Whether buying, selling, leasing, constructing, lending, or just plain owning real estate, you need a survey. Here’s why: Buyer: You’re buying real estate in Florida and the broker says you don’t need a survey unless the lender requires it. Is that true? Probably not.…

Whether selling a home or an office building, the seller of Florida real estate needs a lawyer. Why? Because the seller has two goals: get paid and avoid litigation. The lawyer’s job is to help the seller get paid by preparing and negotiating the listing and sale contracts, helping the seller through the due diligence…

When buying real estate in Florida, the buyer needs a lawyer. Why? Because real estate is complicated. There are many pitfalls. And there is usually no one else to watch out for the buyer’s legal interest. Brokers and closing agents usually aren’t lawyers. They are usually transaction agents who don’t represent either side. Only lawyers represent one side…