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Biography
I represent beneficiaries and personal representatives of probate estates throughout Pinellas County, Florida, including areas such as St. Petersburg, Clearwater, Largo, Pinellas Park, and the beaches.
I have received the highest lawyer ratings on platforms like Justia, Super Lawyers, Martindale, and Avvo.
I serve as an Adjunct Professor of Law at Stetson University College of Law.
Throughout my career, I have written nationally-published books and articles for lawyers on topics such as real estate, wills, trusts, and probate law. I have also been a member of the Florida Bar Probate Rules Committee and have chaired the St. Petersburg Bar Association Probate Law Section.
I am currently accepting new clients. Each case I handle starts with a phone consultation. I personally take these calls, ensuring that potential clients have the opportunity to discuss their cases with an experienced Florida probate attorney.
Education
- Stetson University College of Law
- J.D.
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- Stetson University
- B.S.
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- University System of Georgia - Georgia Institute of Technology
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Professional Experience
- Attorney, Shareholder and President
- James W. Martin, P.A.
- Current
- Adjunct Professor of Law
- Stetson University College of Law
- Current
Publications
Articles & Publications
- 10 Tips for Handling Complex Probate
- The Practical Lawyer, American Law Institute - American Bar Association and The Florida Bar Journal
- 10 Tips for Handling the Complex Real Property Transaction
- The Practical Real Estate Lawyer, American Law Institute Continuing Legal Education
- Do You Need Your Client’s Consent to Disclose Estate Planning Documents?
- The Practical Lawyer, American Law Institute Continuing Legal Education
- Drafting the Contract or Settlement Agreement That Stays Out of Court
- The Best Articles Published by the ABA, General Practice, Solo & Small Firm Section, American Bar Association
- Fifty Tips for Drafting Contracts
- The Practical Lawyer, American Law Institute Continuing Legal Education
Speaking Engagements
- Ten Tips for Handling Complex Probate
- St. Petersburg Bar Association Probate Law Section
- Snakes in the Grass: Hidden Real Property Issues in Probate
- St. Petersburg Bar Association Probate Law Section
- Tips for Handling the Complex Real Property Transaction
- American Law Institute CLE
- The Lawyer's Conscience: Professionalism in Writing Contracts and Wills for a Mechanistic World
- The Florida Bar Convention
- Drafting Settlement Agreements (That Stay Out of Court)
- American Bar Association Annual Convention
Certifications
- Real Estate Law
- The Florida Bar Board of Legal Specialization and Education
Awards
- AV Preeminent Rating
- Martindale-Hubbell
- Hall of Fame
- Stetson University College of Law
- Super Lawyers
- Thomson Reuters
- 10.0 Rating
- Avvo
- 10.0 Rating
- Justia
Professional Associations
- Salvador Dali Museum, Inc.
- Board of Trustees and Executive Committee
- Current
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Jurisdictions Admitted to Practice
- Florida
- The Florida Bar
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- U.S. Supreme Court
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- US District Court Middle District Florida
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Fees
- Free Consultation
Practice Areas
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Estate Planning
- Trusts, Wills
Additional Practice Areas
- Real Estate in Probate
- Homestead Law
- Real Estate in Trust
Languages
- English: Spoken, Written
Legal Answers
- Q. My son’s grandmother through a codicil in her will, set up a Trust for him in January 2000. To date he has seen no $.
- A: Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any event, a Florida attorney who handles trust cases should be engaged for your son to provide legal advice, including the possibility of making a demand for this information, as a first step.
- Q. We have a air conditioning unit left on our property by a contractor, can we sell or give this away without repercussion
- A: Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the owner of the real property should engage a lawyer to assist in returning to the rightful owner the material that was provided and left on the real property. The rightful owner might be the contractor or it might be the contractor's supplier or perhaps even someone else.
- Q. I'm starting a business as a sole proprietor in Florida do I need a DBA to use my initial and last name?
- A: See F.S. 865.09 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0865/Sections/0865.09.html
Social Media
2013 Hall of Fame Inductee James Martin
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