Barks Law Firm

LAST WILL AND TESTAMENT

The Last Will and Testament, generally referred to as a Will, is a legal document that allows you to dictage how and to whome your estate (money, property, etc) will be distributed after you are gone. In addition, your Will is the instrument used to appoint guardians of your minor children, and trustees for beneficiaries under certain ages. Regardless of the size of your estate, your assets will need to be distributed. The Last Will and Testament can be a relatively simple document or it can be quite complicated.

DURABLE POWER OF ATTORNEY

A Durable Power of Attorney is a legal document whereby you designate someone to act on your behalf, and authorizes someone to handle your financial affairs, especially in the event you no longer have the mental capacity to do so. Without one, it could be necessary for someone to go to court and have a guardian appointed before any person could manage your finances. Your Durable Power of Attorney gives you the ability to ensure your financial affairs will be handled by the person of your choosing without any unnecessary cost or delay.

DESIGNATION OF HEALTH CARE SURROGATE

A Designation of Health Care Surrogate is a legal document that authorizes another person to make decisions with respect to your medical care in the event that your physician determines that you are physically or mentally unable to do so. Additionally, you can choose to allow your surrogate's authority to obtain information and/or make decisions. Your Designation of Health Care Surrogate determines who you wish to make your medical decisions and avoids confusion between your loved ones.

LIVING WILL

A Living Will is a legal document that provides written instructions to healthcare providers and your family for certain situations. This document allows you to clearly state your wishes for end-of-life medical care in the event that you are unable to communicate your decisions. Without one, the choices that are made might not be the ones you want. Your Living Will gives you a voice when you are otherwise unable to speak for yourself and relieves your loved ones of having to make difficult decisions during a time of crisis and grief.

PROBATE

Although we attempt to avoid probate whenever possible, sometimes probate is necessary in order to pass assets to the proper heirs or beneficiaries.We provide services to our clients in order to administer the estate as efficiently and expeditiously as possible. We also assist the personal representative and the family in filing necessary documents, preparing all notices, paying creditors, as well as collecting and distributing the assets to beneficiaries. In addition, we work with homestead property, which is a very special asset under Florida law.

CONTRACTS

Our services begin with accummulating the necessary information to prepare a contract for sale and purchase. After that point, we preprare the contract and tailor it to the client's needs as a seller or buyer.

COMMERCIAL & RESIDENTIAL CLOSINGS

Once the contract is prepared and executed, we begin preparing for the closing process. This includes assisting buyers with their mortgage application process, ordering and examining the title search, coordinating home inspection services and termite inspection for buyers, and ordering and examining the survey. Our team handles the closing, prepares all documents, disburses all funds, issues the title insurance commitment and policy, and records all documents related to this process.

TITLE INSURANCE

Title insurance protects an owner’s financial interest in a property against losses due to defects in the title, liens, or other related matters. If another attorney or a title company happens to be handling the closing and title insurance, we can review all closing documents for either buyers or sellers.

COMMERCIAL & RESIDENTIAL LEASES

Our team works with our clients to prepare leases, lease-options, notes, mortgages and mortgage modifications. Please feel free to reach out to our team to discuss your specific needs.

FORMING A BUSINESS

At Barks Law Firm, our team has extensive experience working closely with business founders and their accountants to determine the best way to form their business—whether it’s a limited liability company (LLC), corporation, non-profit, or other type of legal entity.Once we establish the type of business and gather details from the owner(s), we can prepare the appropriate documents and file with all relevant agencies including the Florida Department of State Division of Corporations.

OPERATING AGREEMENTS, CORPORATE BYLAWS & PARTNERSHIP AGREEMENTS
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After a business is formed, or in some cases where there is a change in the ownership of a business, an agreement is recommended which governs the business. In an LLC, this is generally referred to as an operating agreement, while corporations have a set of by-laws under which the business operates. For some businesses, articles of partnership (or a “partnership agreement”) serve a similar function.

BUSINESS PURCHASES, SALE CONTRACTS & CLOSINGS

We consult with our clients regarding all aspects of buying or selling a business, including complex modifications to ownership and equity. Whether you’re adding a partner to your business, selling your stake, or even taking ownership of a company, our team is here to guide you through the process.

NON-COMPETE & NON-SOLICATION AGREEMENTS

Businesses frequently have valuable and sensitive information they need to protect. From trade secrets to intellectual property, our team at Barks Law Firm can work closely with you and your business to draft nondisclosure or confidentiality agreements that protect valuable information.

Meet The Team

For over three decades, our team has been honored to serve the legal needs of families and businesses throughout Central Florida. We’re proud of our roots in the community, and we greatly value the trust we’ve worked so hard to earn.

Stuart

Stuart Barks grew up in Central Florida, attending Greenwood Lakes Middle School and Lake Mary High School. During this time, he worked to become an Eagle Scout, the highest achievement attainable in the Boy Scouts of America.

After high school, Stuart pursued a B.A. in English from the University of Florida. While at UF, Stuart was a member of Florida Blue Key, UF Honors Program, the Golden Key National Honor Society, and the Sigma Tau Delta International English Honor Society. He graduated cum laude, and went on to pursue his law degree.

stuart@barkslawfirm.com

Angie

Angie Royal joined the law firm as the Office Manager in May of 2019.

Angie’s compassion and empathy for clients going through life changes and difficult seasons moves her to action to assist in bringing order to what may feel chaotic.

A detail oriented and proficient multi-tasker, she is passionate about serving in her local community.

angie@barkslawfirm.com

Honor the Past | Plan for the Future