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By Attorney Edward Jesson
Business owners make daily decisions that affect not only their company, but also their personal finances, family, and long-term legacy. However, many business owners will separate their business-related legal needs and personal legal needs without realizing how deeply those areas overlap. Working with a single law firm that understands both helps to reduce risk and ensure that their long-term goals are properly aligned. For business owners, oftentimes their largest asset is their business. Decisions regarding ownership equity, succession, taxes, and liability can directly impact that person’s estate plan. When working with separate attorneys for business and estate planning matters, the chance that a business document and an estate planning document are going to be in conflict with one another increases. That conflict can lead to all sorts of problems down the road that might not be discovered until after the business owner has passed away or become incapacitated. Choosing the same attorney to work on both business and estate planning needs can ensure that your business structure aligns with your estate planning goals; that your business succession plan matches your will and/or trust; that your trust is properly funded with business assets; and generally can help make sure that planning for the future of both your business and family is on the same page. Moreover, in utilizing the same attorney for your business and estate planning needs, you will likely realize some cost savings due to the fact that work is not being duplicated by two separate firms and the increased efficiency of working with one team that understands all of your goals. Hiring the same attorney for your estate planning and business needs isn’t just about convenience--it’s about strategy, consistency, and long-term protection for you, your family, and your business. The attorneys at Jesson & Rains recognize that your business and personal lives are deeply connected and are ready to assist you in planning for the future.
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By Attorney Kelly Jesson If you changed jobs in the last decade (and statistically, you probably did), there is a real chance that a piece of your retirement savings is floating somewhere in financial limbo. And if something happens to you before you track it down, your executor may never find it either. A landmark report released in September 2025 by Capitalize, a retirement savings platform, in partnership with the Center for Retirement Research at Boston College, put numbers to a problem that estate planning attorneys have long seen play out in probate: Americans are losing track of their retirement money at an astonishing increasing rate.[1] As of July 2025, an estimated $2.1 trillion dollars in 401(k) accounts have been forgotten or left behind by their owners. That’s nearly 25% of all money held in 401(k) plans nationwide! The average forgotten account balance is $66,691. That is not pocket change. When a plan administrator cannot locate a participant, the account does not just sit there indefinitely. After a period of attempted contact, administrators may transfer the funds to the state as unclaimed property, a process known as escheatment. At that point, the tax-deferred growth stops, taxes and potential penalties may be withheld, and your heirs are left hunting through state databases to reclaim what should have been a straightforward inheritance. And that’s if your heirs even find out about it! This is not a problem of bad intentions. It is a problem of disorganization and assumption. People assume their family knows. They assume the accounts are obvious. They assume it will all work itself out. It often does not. The legal reality is that your executor has a fiduciary duty to identify and gather all assets of the estate. But your executor can only find what they know to look for. A forgotten 401(k) from a job held in 2007 may never appear on any document they find in your files. Without a comprehensive inventory of your financial life, you are leaving your family to do archaeology instead of administration. As an added service to our clients, Jesson & Rains can work with our clients to create what we call a “Family Wealth Inventory.” We ask our clients to upload all of their financial statements, we verify type and title of assets and beneficiary designations, and then we organize it in a way that makes it easy for the family and executor to locate assets when the client passes away. If a client has a trust, the Family Wealth Inventory also includes detailed instructions for transferring the asset to their trust. For our Annual Legacy Plan clients, we will keep the Family Wealth Inventory updated every year. If your loved one has already passed away without a family wealth inventory, here are a few resources available to search for missing assets:
[1] The True Cost of Forgotten 401(k) Accounts," Capitalize & Center for Retirement Research at Boston College, September 30, 2025.
Full report available at hicapitalize.com. Also covered by USA Today, October 2, 2025. By Attorney Kelly Jesson
The Annual Report is used to keep the business records up to date with the Secretary of State. The consequence for not filing an Annual Report and/or paying the fee is that the Secretary of State can administratively dissolve your business. This means that you can lose the liability protection you enjoy by being a business, and a creditor may be able to come after your personal assets. Most businesses formalized with the Secretary of State’s Office need to file an Annual Report, such as Business Corporations, Limited Liability Companies (LLC), Limited Liability Partnerships (LLP), and Limited Liability Limited Partnerships (LLLP). Non-Profits, Limited Partnerships, Professional Corporations (PCs), and Professional Limited Liability Companies (PLLC’s) do not have to file an Annual Report. There is also a filing fee due with the Annual Report. For LLC’s and partnerships, the fee is $200, and for corporations, the fee is $25. South Carolina does not require annual reports. The due date for your business’s annual report depends upon the type of business, but generally April 15th is the deadline for most businesses. For corporations and partnerships, the annual report is due to the Secretary of State’s Office the 15th day of the fourth month following the entity’s fiscal year’s end. Jesson & Rains offers a yearly plan for businesses that includes filing the annual report, quarterly telephone calls, registered agent services, notary services, and discounts on other legal work. We also offer an upgraded yearly plan that includes unlimited telephone access to attorneys throughout the year. If you have questions about filing your Annual Report or want to learn more about the annual plan services offered by our firm, you can click HERE, or feel free to reach out to Jesson & Rains directly! |
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