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The Potter Law Firm

North Carolina and Kentucky Estate Planning Attorneys

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KY (606) 324-5516
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Home » Resources » Frequently asked questions » Frequently Asked Questions for Families Without an Estate Plan

Frequently Asked Questions for Families Without an Estate Plan

    • Who will decide where I live?

    • A local court would have to appoint a Guardian who would make that decision. Of course, the court may not choose the same person you would have chosen.

    • Who will decide medical treatment issues?

    • Depending on the state, if your family members agree, they can make that decision. However, if family members disagree, you could be back with the local court getting a Guardian appointed.

    • If I have no chance of recovery, will I be kept on life support?

    • Unless you have planned properly, you probably will be kept on life support. In most states, you will be kept on life support unless there is clear evidence you expressed wishes to the contrary; usually this requires something in writing.

    • How will my bills get paid?

    • Your family or friends must go to your local court and have someone appointed your Conservator. Again, this court probably does not know you and may not appoint the same person you would choose. In the appointment process, people must testify in open court that you do not have the ability to care for yourself. It can be draining financially and emotionally. Your Conservator would have to report to the court for as long as you are disabled.

    • What happens if my investments need to be changed quickly due to market conditions or to reflect new circumstances and risk tolerance?

    • A court would have to appoint a Conservator. Nobody but the Conservator would be able to act for you.

    • What happens if my son needs his tuition paid while I’m disabled?

    • Again, if you haven’t planned, nobody can act for you until the court appoints a Guardian and/or Conservator for you. If bills, such as your son’s tuition, need to be paid in the interim, a friend or family member would have to use their savings or borrow to pay the bill.

    • How will my income tax return get filed?

    • If you are single, only your Conservator would have that authority.


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Testimonials

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Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.

DKS & KMS Client Review August 28, 2020

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John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.

David J. Client Review August 28, 2020

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My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.

Jillian Client Review August 28, 2020

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Where We Are

Ashland

ASHLAND
1620 Carter Avenue
Ashland, KY 41101-7631
Phone: (606) 324-5516
Fax: (606) 324-4766

Charlotte

CHARLOTTE
15720 Brixham Hill Avenue
Suite 300,
Charlotte, NC 28277
Phone: (704) 944-3245

Huntersville

HUNTERSVILLE
11330 Vanstory Drive
Huntersville, NC 28078
Phone: (704) 944-3245

Northern Kentucky

NORTHERN KENTUCKY
7310 Turfway Road
Suite 550,
Florence, KY 41042
Phone: (859) 372-6655

Office Hours

Monday8:30 AM - 4:30 PM
Tuesday8:30 AM - 4:30 PM
Wednesday8:30 AM - 4:30 PM
Thursday8:30 AM - 4:30 PM
Friday8:30 AM - 3:00 PM

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