Florida Lawyer Jim Martin Blog

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…

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…