Florida Lawyer James W. Martin’s Blog

Florida landlords have for many years been allowed to include a provision in their leases prohibiting construction liens (mechanics liens) for construction ordered by their tenants. This is not always fair to the contractors who do the work and don’t get paid, especially when the work improves the landlord’s land, so the 2011 Florida Legislature…

When a Florida resident dies without a will, they are said to die intestate. When a Florida resident dies with a will, they are said to be testate. A will names beneficiaries who receive the estate assets after payment of expenses, taxes and claims and names a personal representative (PR) to collect the assets, pay…

Rich Uncle Buck in Florida always told you he left you some money in his will, but when he died no one could find his will. Would his Florida lawyer have a copy? The answer is, most likely, yes. The problem is it’s hard to probate a copy of a will. If an original will…

Dissolution is a term indicating that an entity’s legal existence is coming to an end. This can occur in a number of ways. The most common is when the shareholders of a Florida corporation, members of a Florida LLC, or partners of a Florida partnership mutually agree to dissolve the entity by filing documents with…

A Pinellas County fictitious name is a name used by a business other than its legal name. Some states call this an assumed name. Florida law requires that a Pinellas County fictitious name of a business be published in the newspaper and registered with the Florida Division of Corporations as a fictitious name before it…

Sometimes Pinellas County probate attorney Jim Martin represents the surviving spouse of a Pinellas County Florida resident who has died. The surviving husband or wife of a Pinellas County deceased person might not be named in the will but still has rights under Florida law. For example, the Florida Probate Code provides for elective share,…

When someone dies in Florida, here are some first steps to take for legal matters: Find Original Will. Find the original, signed last will and testament, then give it to your lawyer. The Florida Probate Code requires that it be filed with the Court within 10 days after learning of the death. Secure Home. The…

The Florida Probate Code generally requires that creditors file claims with the probate court within just three months after notice to creditors is published by the personal representative of the decedent’s estate. If the claim is not properly filed on time, then the personal representative is generally not required to pay the creditor. Of course,…

Of course, one of the first steps when someone dies in Pinellas County Florida is disposition of the body. This is handled by a licensed funeral home or the Pinellas County Medical Examiner. There is usually no dispute concerning disposition of the body. Usually the decedent’s surviving spouse and children agree upon the arrangements. In…

Many Florida residents own real property in other states. So, a frequent question is: which state law applies when a decedent owns assets in more than one state? The answer depends on two things: Domicile of Decedent. The first question is where was the decedent’s domicile at date of death? Domicile generally means the place…