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Pinellas County Florida Probate Lawyer Blog

An Inconveniently Convenient Joint Bank Account
James W. Martin, P.A.

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…

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Any Devise of Homestead Property That Does Not Grant a Fee Simple Interest to a Surviving Spouse … Fails
James W. Martin, P.A.

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…

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Florida Court Says $2 Million Claim For Elderly Exploitation and Theft Lacks Sufficient Priority In Probate Court
James W. Martin, P.A.

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.…

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New Free Ebook — Florida Real Estate Lease Agreements — A Collection of Forms for Lawyers
James W. Martin, P.A.

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…

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New Free Ebook — Florida Real Estate Sales Contracts — A Collection of Forms for Lawyers
James W. Martin, P.A.

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…

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New Free Ebooks About Formation of Legal Entities in Florida
James W. Martin, P.A.

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…

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Disclaimer Wording in As-Is Real Estate Contracts
James W. Martin, P.A.

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…

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How to Name a Business Legally
James W. Martin

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.

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