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Pinellas County Florida Probate Lawyer Blog

When Is A Car Not An Asset But A Liability?
James W. Martin

Putting your name on the title to a car, truck or other motor vehicle in Florida makes you personally liable for the negligence of the driver. The dangerous instrumentality doctrine extends liability of the driver to become personal liability of every owner of the vehicle. This should give pause to parents before putting their names…

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All Florida Entities Must File an Annual Report
James W. Martin

The Florida Annual Report (formerly known as the Florida Uniform Business Report) is the annual report that most Florida corporations, partnerships and limited liability companies (LLC) must file with the Florida Division of Corporations of the Florida Department of State in order to remain an active legal entity. The form must be filed no later…

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Social Purpose Corporations and Benefit Corporations may be Formed in Florida
James W. Martin

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…

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Who Can Be a Registered Agent of a Florida Corporation?
James W. Martin

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…

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Can a Florida Will Be Contested Before Death?
James W. Martin

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…

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Florida Probate Basics
James W. Martin

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…

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Real Estate Title vs. Motor Vehicle Title: What’s the Difference?
James W. Martin

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…

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New Florida Law Protects Design Professionals…And Geologists, Too
James W. Martin

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,…

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Robot Cars Coming to Florida
James W. Martin

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…

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