Florida Lawyer James W. Martin’s Blog

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…

It’s been a year since my rich uncle Harry died in Florida. How long do I have to contest his will? It’s been two years since my mother died, and my brother keeps telling me her will is still in probate. When will I get my inheritance? My sister says our mom left everything to…

Suppose you own a piece of land. Suppose your only access to it is a driveway easement across your neighbor’s land. Suppose the easement says you get “free and unencumbered access” to use the driveway. Now suppose your neighbor puts an unlocked gate across it. Most people would think that violates the easement. But not…

What happens to man’s best friend when man dies? In the eyes of the law, your dog, cat or other pet is just another item of tangible personal property. Like a table, chair, desk, or lamp that you can give away in your last will and testament. This means that you can name someone to…

Should You Tear Up Your Old Will When You Sign A New One? Should you tear up your old will when you sign a new one? It depends. Here are the general rules you need to think about if you’re a Florida resident: You can sign a last will and testament that names who gets…

If you are holding a Florida resident’s last will and testament, you have just ten days to file it with the Clerk of Court after you learn of the death. That’s Florida law. It applies to the original of the will, not copies. In a recent case, a daughter allegedly failed to file an original…

Can a New York judgment reach Florida assets? Sure. The US Constitution says every state must give full faith and credit to the judgments of every other state. So, a Florida lawyer can take that New York judgment to a Florida court and, by following a statutory procedure, domesticate the judgment so that it is…

It looks easy to form a nonprofit corporation in Florida: just go to www.sunbiz.org, select online filing of a Florida nonprofit corporation, pay the filing fee by credit card, and BAM! you’ve got your Florida nonprofit corporation. But a Florida nonprofit lawyer will tell you that you are missing some things. The online filing of…

Experts report that teenagers know just 800 words but should know 40,000. These future contract signers have grown up on Facebook, Twitter and cellphone texting. They might not understand the words that Florida contract lawyers draft. Therefore, we must draft contracts with fewer words. The ones the kids know. Retired Villanova law professor Michael Walsh,…

What if you found out your neighbor’s fence was really on your lot? Can you make him move it? What if it’s not just a fence but is part of his house or garage? That’s often how boundary line disputes start out. Florida real estate lawyers are likely to see more and more boundary line…