11711 Jefferson Avenue, Suite A Newport News, Virginia 23606 Tel: (757) 595-9500 Fax: (757) 595-0323
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Our services span a broad range of needs, from life planning and elder law to family law. We are there to meet your legal needs as you go through life's transitions.

Known for high quality and total integrity, our firm is committed to the ideals of service established by over 80 years combined experience to the Hampton Roads community.

Click any link above to learn about our services.

Business Law

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Whether you are getting ready to start your own business, or if you are purchasing an existing business, the structure you choose for your entity impacts your taxes and your ability to pass-on your business' assets to your heirs. One of the best things you can do when you are planning your business is to speak with a skilled estate planning attorney.

We provide a range of business planning services. Our attorneys work closely with our clients to select the proper entity, including advice and guidance on:

  • Drafting and Filing Articles of Incorporation
  • Designing Partnership Agreements
  • LLC and LLP Formation, including Family Limited Partnerships
  • Non-Profit Organization Formation and Charitable Tax Planning
  • Minority Owned Businesses
  • Buy-Sell Agreements
  • Contracts
  • Loan Agreements
  • Promissory Notes

Our experienced attorneys also help clients with the following matters:

  • Entity Formation, including LLCs, Corporations, Partnerships
  • Creating a LLC, or Corporation, is part of our practice. We not only create the requested LLC or Corporation, we assist you with unparalleled advice regarding how to manage your entity to protect your other assets from the threat of lawsuits. Our corporation and LLC creation system is complete and customized to your needs.
  • Family Limited Partnerships
  • This entity is useful for estate tax planning purposes as well as asset protection purposes. Many of our clients manage multiple real property parcels, and can benefit from the estate tax discounts which are available through a properly establish FLP. It is important to discuss the suitably of various assets for this entity with your estate planning attorney because it cannot contain any personal assets.
  • Charitable Tax Planning
  • Substantial tax benefits can be obtained by properly planning for charitable entities, such as Charitable Remainder Trusts and Charitable Lead Trusts. If you own assets which have highly appreciated, and if sold will cause a significant capital gains tax, you may benefit by creating a charitable trust and avoiding the capital gains tax, as well as any associated estate taxes relating to that asset. A tax saving opportunity will also give you the control as to how your money is used by the charity. Failing to properly plan will mean that you left the decision of how your money is to be used in the community to the IRS.

Owning your own business requires maintaining an estate plan that preserves and passes on the rewards of your hard work. Through business succession planning and family partnerships, we will develop a plan for the protection of your business as a component of your complete estate plan, and help you minimize your tax liabilities whenever possible.

As our business client, you will benefit from our Law Firm’s ability to provide business and tax planning services in conjunction with estate planning services. Many estate planning attorneys do not provide business or tax services, and many business and tax planning attorneys do not provide estate planning services. Mulkey, Forbes, Reid & Barton, PLC provides all of these services to ensure our clients receive the most comprehensive estate plan.

Attorneys:

  • Philip J. Forbes

Wills & Trust

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Our attorneys will work with you to develop and implement an estate plan specifically designed for you, your family, your business, your property, and your wishes. We use every legal tool at our disposal, along with our extensive real-world experience, to develop personalized estate plans for every client. Our basic estate plans include the following items:

  • Wills
  • Revocable Living Trusts
  • Pourover Wills
  • Durable Power of Attorneys
  • Medical Power of Attorney (Advance Health Care Directive)
  • Certificate of Trust
  • Funding of Your Trust
  • HIPAA Releases

You can also implement different types of trusts to maximize federal estate tax savings, to provide for beneficiaries with special needs, or to even provide for your pet. The following are trusts that your legal team can help you prepare:

  • Married A-B Trusts
  • Married QTIP Trusts
  • Special Needs Trusts for Disabled Beneficiaries
  • Honorary Trusts for the care of your pet

The proper combination of these tools will document your wishes, protect your estate from over-taxation and government interference, and provide for your loved ones. As events and time change your life, we will work with you to restructure your plan to fit your changing needs. A good estate plan is a flexible, “living” document that may dramatically change with important life events, such as having children, divorcing, marrying, or retiring. A good estate planning lawyer will ensure that your estate plan accurately reflects your changing life.

Attorneys:

  • Philip J. Forbes
  • Harold H. (Bart) Barton, Jr.

Real Estate

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The laws governing real estate are complex. An experienced real estate lawyer can cut through the complications and help you get results you desire. Mulkey, Forbes, Reid & Barton, PLC has helped the people in the Hampton Roads area with:

  • Closings: mortgages, deeds, title insurance, etc;
  • Construction and Development: land use, zoning, etc.
  • Purchase and Sale: loans, secured transactions, etc.
  • Commercial Real Estate Transactions
  • Residential Transactions

Our attorneys have extensive knowledge in real estate matters. Performing an exceptional job in real estate matters requires having specialized knowledge of many laws.

We are known for the personal touch we extend to our clients, always making sure that they are comfortable and fully aware of their legal status. Even in a field as seemingly impersonal as real estate law, what we are really doing is helping people. No matter how our law firm grows, we never lose sight of that.

Attorneys:

  • Philip J. Forbes
  • Daniel L. Reid

Family Law

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Family law is also known as Divorce or Domestic Relations law.

This includes the termination of the marriage (divorce and annulment), property settlement or separation agreements, and spousal support. Other family law related issues surround matters involving children. Sometimes issues may surround child custody, child visitation, or child support.

Divorce:

These issues may include the termination of the marriage (divorce and annulment). The process involved with a divorce may usually include the need for a property settlement or separation agreement, and at times the Order for the award of spousal support. There are other needs that can be complex in nature such as the division of assets and/or debt. In divorce, matters related to division of property, both personal and real, division of retirement benefits, effect of reconciliation and other related issues.

Child custody and visitation:

Frequently this is the most important issue in divorce and/or separation. The skill in protecting an existing custody and visitation situation or creating a new one may take years of experience to hone.

It can be "reasonable" by an agreement of the parties or "set" by order of the court.

Attorneys:

  • Michael S. Mulkey

Estate Planning

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Estate planning includes the drafting of wills, revocable living trusts, and incapacity documents like durable power of attorneys and advanced medical directives. This is the process of anticipating possible incapacitation and arranging for a personal estate. Estate planning typically attempts to eliminate uncertainties over the administration of a probate estate. Guardians may also be designated to care for minor children.

Estate and trust administration:

Within matters of estate and trust administration, we support executors and trustees in their appointed duties and probate actions.

Attorneys:

  • Philip J. Forbes
  • Harold H. (Bart) Barton, Jr.

Criminal Law

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Violence within the family resulting in criminal charges, drug related involvement, offenses by a minor, and traffic offenses are all defended.

Attorneys:

  • Michael S. Mulkey
  • Daniel L. Reid

Civil Law

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Matters arise between individuals or organizations that require legal resolution. These disputes usually involve a monetary award. When there is an injury due to an automobile accident, compensation may be needed in order to pay medical bills or provide other relief. We will protect you and see that your compensation is what you deserve.

Attorneys:

  • Michael S. Mulkey

Elder Law

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Guardianship and Conservatorship actions:

We assist clients with filing petitions for protective proceedings for adults and minors. Guardianships and Conservatorships are legal actions conferring upon a designated individual (the guardian or conservator) the right to make surrogate decisions on behalf of another person.

For example, parents may start a guardianship action to become the guardians of a developmentally disabled child when the child turns 18. Or, children may need to file a guardianship action for a parent when the parent has failed to prepare a durable power of attorney and now has dementia.

Guardian Ad Litem for incapacitated adults:

Guardians Ad Litem are appointed by the court to represent the interests of the alleged incapacitated adult. As the eyes and ears of the Court, a Guardian Ad Litem is responsible to protect “the best interest” of the individual during the protective proceeding.

Assistance in obtaining public entitlements:

Assistance in obtaining public benefits such as Medicaid, Medicare, Social Security and Supplemental Security Income (SSI).

Disability Planning:

Disability planning includes development Special Needs Trust or provisions in other testamentary documents so special needs protections are available in the future.

Elder Care Management Services:

Our Elder Care management services include bill paying and account management and reporting, care management, and other fiduciary services that support our clients remaining in a safe, home environment.

Attorneys:

  • Philip J. Forbes
  • Harold H. (Bart) Barton, Jr.

Corporate & Nonprofit

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Limited Liability Companies & Corporations:

We assist entrepreneurs and venture capitalists to organize as a Limited Liability Company (LLC) or Corporation. Our services include drafting of foundational documentation, document filings with the State Corporation Commission, serving as Registered Agent and assistance with annual or special meetings.

Nonprofit Organizations:

We work with faith based charities and startup churches to organize as Virginia Non-stock Corporations and provide assistance in completion of documentation to establish 501(c)(3) status with the I.R.S.

Attorneys:

  • Philip J. Forbes
  • Harold H. (Bart) Barton, Jr.

Veterans Benefits

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As a Veterans Administration Accredited Attorney, we assist clients with Veterans Benefits planning. We also assist Veterans and their widowed spouses with application assistance for non-service connected disabilities.

Attorneys:

  • Harold H. (Bart) Barton, Jr.

Debt Collection

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We provide a wide range of services to individuals, corporations, and small businesses to assist in asset recovery and debt collection. We assist individuals with collecting on promissory notes, contracts, or open accounts. We can assist you with filing for wage or bank garnishments, mechanic’s liens, real property liens, and in certain cases recovery of specific items of personal property from other debtors.

Homeowner’s Association

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We provide counseling to individuals charged with the management of homeowner’s association’s including assisting in collection of past due assessments, civil litigation to enforce community bylaws and covenants, and assisting in resolving disputes between homeowner’s association management and its members.

Landlord - Tenant Matters

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Landlord’s Rights
We assist landlords or property management companies by drafting leases, enforcing rental agreements, performing evictions, and collection of past due rent or damages from tenants when necessary.

Tenant’s Rights
We assist tenants in disputes with their landlords involving Tenant’s Assertion issue to correct dangerous or uninhabitable conditions existing on rental property.