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By Associate Attorney Nicole M. Perozzi
It seems like every December we all go through the same routine of wandering through crowded stores or doom-scrolling online in search of the “perfect” gift for someone we care about, despite having absolutely no idea what to buy them. So, you end up buying another sweater only for them to return it. It feels almost impossible to find a meaningful gift that leaves a lasting impact on someone. This year, break the cycle, and give a gift that is guaranteed not to be returned: an estate plan. Are you a new grandparent? We’re here to tell you your grandchild does not need another custom onesie. What your adult child does need is the peace of mind that comes with guardianship designations, clear instructions, and legal protections to ensure your new grandchild is protected no matter what. Do you have aging parents? You know deep down someone will one day have to handle their affairs, and let’s be honest, it’s probably going to be you. Instead of digging through boxes after they pass hoping you find a Will and frantically Googling “what is intestacy and why is this happening to me?”, help your parents get a plan in place now. The best part? Gifting an estate plan does not mean you’re automatically involved in the process. Your loved one stays fully in control, makes every decision privately, and only includes you if they actually want your input. You’re simply sponsoring responsible adulting, not driving it. So, return the ugly sweater you just bought and let Jesson & Rains help you give a gift this holiday season that won’t be returned!
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As Thanksgiving and the rest of the holiday season sneak up on us (along with the annual debate over who’s bringing what to dinner), our attention usually turns to spreading cheer, exchanging gifts, and enjoying time with the people we love. Of course, every family has its…colorful personalities and if certain relatives seem determined to earn a lump of coal this year for Christmas, it might be a good moment to review your estate plan and make sure your wishes won’t get lost in the holiday chaos…or family drama.
If you have family members who have a knack for conflict or strained relationships, it’s especially important to make your intentions unmistakably clear in your estate planning documents. Spelling out your decisions on inheritances, guardianship, and who gets to handle important matters on your behalf can go a long way in preventing confusion or a festive round of “But that’s not what they would have wanted!” In some situations, it may even be wise to explore tools that protect your assets or ensure they’re used exactly as you envision, particularly if you’re unsure how certain heirs might handle their newfound responsibility. Without a will or living trust, North Carolina’s intestacy laws step in to decide who gets what. Unfortunately, the state’s default plan isn’t personalized and it won’t consider your preferences, special circumstances, or that one relative who probably shouldn’t be in charge of anything valuable. And remember, in North Carolina, a will is the only way to name a guardian for your minor children should both parents pass away. Many families also need more customized estate planning, whether due to second marriages, children with special needs, blended families, or simply having a variety of assets. Tools like living trusts can help you tailor your plan to your beneficiaries’ needs, reduce the burden of probate, and prepare for potential tax considerations. A strong estate plan doesn’t just look at what happens after you’re gone; it also protects you during your lifetime. Naming trusted individuals to make financial and medical decisions on your behalf if you become incapacitated keeps your family from facing stressful, costly court proceedings to determine who’s allowed to help you. While it’s important to consider family dynamics in your estate planning, it’s equally important to do so thoughtfully and with professional guidance. The goal isn’t to stir the pot, it’s to protect your wishes and bring clarity, even in complicated family situations. So, as you gear up for the holiday season and before the turkey induced nap hits, take a moment to think about the role estate planning plays in securing the future for you and your loved ones. Tackling these decisions with honesty and intention now can bring peace of mind for years to come. Jesson & Rains, PLLC wishes you a warm, laughter filled Thanksgiving…and maybe just a hint of motivation to get those planning documents in order! Establishing a revocable living trust is one of the most effective ways to protect your family and streamline the management of your assets during incapacity or after death. Once your trust is signed, the next critical step is to “fund” it. Funding your trust means transferring ownership of your assets into the trust’s name or designating your trust as a beneficiary. This generally includes transferring your real estate to your trust.
After your real estate has been transferred to the trust, we instruct clients to contact their homeowner’s insurance company with a specific request: ask that the trust be added as an additional named insured on the policy. This step can easily be overlooked, but we emphasize it repeatedly because of how important it is to maintaining full coverage. Why This Matters When you transfer your home to your trust, the name on the deed changes from you individually to you as trustee of your trust. Even though you still have full control of the property, your insurance company technically views this as a change in ownership. If your policy only lists you as the insured owner, the company could deny a claim because the “named insured” on the policy no longer matches the property’s legal owner. We instruct clients to ask that both they and their trust be listed as named insureds on their homeowner’s policy to ensure coverage remains intact and there’s no question about who is protected under the policy. Real-World Consequences Consider a homeowner who experiences a fire after transferring their property to a trust but never updates their insurance policy. Because the trust isn’t listed as an insured entity, the claim could be delayed, or worse, denied altogether. While each situation depends on the policy language and state law, it highlights a critical point: insurance companies rely on technical accuracy. A seemingly minor oversight can have devastating financial consequences. Taking ten minutes to verify your homeowner’s coverage can prevent major headaches later. “Additional Named Insured” vs. “Additional Interest” Many insurance carriers will add the trust as an additional interest, but that’s not the same as being an insured party. An “additional interest” designation merely allows the insurer to notify the trust of policy changes. We encourage clients to ask their agent to confirm, in writing, that the trust is covered as a named insured. If your carrier refuses or limits this option, it may be time to explore other providers. At Jesson & Rains, we build these details into our planning process because thoughtful protection extends beyond documents. We offer services that inventory your assets and provide fully customized asset transfer instructions with unlimited support during the funding process. Our Legacy Secure Plan assists clients every step of the way as they fund their trusts, and our Legacy Support Program offers ongoing maintenance and review to ensure your trust remains properly funded year after year. Not sure if you have properly funded your trust? We can help. Contact us to get started. By Senior Associate Jeneva Vazquez - Updated 8/21/25
August is National Make-A-Will Month, and it’s the perfect reminder that one of the most important parts of planning for the future is taking control of what happens after you are gone. If you don’t have a will establishing a plan for what happens after you die, the state has a plan for you. That plan is called the intestacy laws, and it may not look anything like what you would have chosen. When you create a will, you override those default rules and make your own decisions about what happens to your assets, your children, and your legacy. Many people assume that if they pass away without a will, everything automatically goes to their spouse and children. However, depending on your family situation, how your assets are titled, and the laws in your state, the outcome could be very different and often more complicated. When we meet with clients, we review their family structure and asset types, explain what the law says will happen if they have no plan, and compare that with what they actually want to happen. This analysis is different for every family, and it is often eye-opening. What Does a Will Do? A will lets you make intentional, informed choices:
A will is essential, but sometimes not enough. While it is a powerful tool, a will does not keep your estate out of probate. In our planning conversations, we also discuss whether a trust could be a beneficial addition. Trusts can offer more privacy, efficiency, and control, depending on your situation. We explain the difference between a will and a trust, and help you determine what combination of tools makes sense for your needs. Making a will is about more than just paperwork. It is about having a say in what happens to everything you have worked hard to achieve and protecting the people and causes you care about most. National Make-A-Will Month is the perfect opportunity to take that important step. If you don’t have a will, or if it has been years since you last reviewed yours, now is the time to make sure your plan reflects your current life, family, and goals. Get started today by contacting our office to discuss the planning process. By Senior Associate Jeneva A. Vazquez
As summer winds down and the school year begins, parents are in full planning mode. Buying school supplies, setting up carpool schedules, finalizing after-school activities, there is no shortage of work to prepare for the coming year. You might also be sneaking in one last parents’ weekend away, or planning a trip without the kids before fall routine kicks in for the whole family. In the middle of all that planning, it is easy to forget one very important question: What happens to your child if something happens to you and you cannot be there? Picture this: You are on your way to pick up your child from school and you are in a car accident. Maybe you are away for a quick weekend trip and your babysitter cannot reach you. If you are a single parent or if your partner is traveling, who steps in immediately? Does your child’s school or caregiver know who to call, and will that person have the legal authority to act for your child? These are the moments most parents never want to think about, yet without a clear legal plan in place, your children could be temporarily placed in state custody or with someone you would not choose if given a choice. That risk increases if you leave your kids behind for a trip, because any delay in decision-making could leave them vulnerable. How We Help Parents Protect Their Kids Our Comprehensive Protection Plan for Minors closes these gaps and gives you peace of mind whenever you leave your kids in someone else’s care. Here is how we do it: Temporary Standby Guardian Appointment Legally appoint trusted adults who can step in as guardian right away if you are unavailable. This ensures your children are never placed in state custody, even temporarily, and is especially important if your long-term guardians live far away. Emergency Response Plan for Schools and Caregivers We prepare written instructions for babysitters, schools, and daycare providers so they know exactly what to do if an emergency arises. This prevents delays and ensures your children go directly into the care of the people you chose. Emergency ID Cards You receive wallet cards that alert first responders that you have minor children and list your standby guardians’ contact information. Similar to the Emergency Response Plan, this allows your guardians to be there for your kids without delay. Power of Attorney for Minor Children Give a trusted person temporary authority to make medical and legal decisions for your children if you are unavailable, preventing gaps in care for your children. Exclusion of Guardians Formally document and list anyone you would never want to care for your children. Guidance for Guardians and Legacy Interview We help you share your wishes, values, and traditions, so your child’s care reflects what matters most to you. You also have the opportunity to record a personal message for your kids that will last a lifetime. Parents put so much energy into planning for school, sports, camps, and vacations, but the most important plan is the one that ensures your kids are always protected if the unexpected happens. This type of planning is especially important before any trip away from your children, even something as short as a weekend getaway. We make the process of forethought for your children’s care simple and designed for busy families. With a plan in place, you can finally leave the house or hop on a plane without worries or “What If’s”, knowing your children are safe, supported, and will be cared for exactly the way you want. Contact us today to get started! By Attorney Edward Jesson
At Jesson & Rains, we love our pets (as you can hopefully see from the fine selection of Jesson & Rains’ dogs, cats, and horses above!). A question we often get from clients is how they can make sure that their beloved furry friends are taken care of when they pass away. Luckily, under North Carolina law, there is a way to ensure that your pets are still cared for if something were to happen to you! Agree with it or not, pets are considered personal property, just like a car! Ensuring that your pets are taken care of when you pass away can be as simple as stating in your will that any pets you own at the time of your passing as well as a certain amount of money for the care of those pets passes to your pet-loving friend. However, this can sometimes be insufficient: what if your friend no longer loves pets and decides to pocket the money and give the pets to a shelter? What if you have more pets when you pass away and the money left for their care is inadequate? Or is too much? Fortunately, in North Carolina and South Carolina (and in most states), you can create a “pet trust.” The general concept is that you name a caretake for your pet and set aside a specific amount of money to be held in trust for the care of the pet. The trustee, a different person from the caretaker, then distributes money to the caretaker as needed. When the last of the pets pass away, the money that is leftover could to go the caretaker, or you can always dictate that the remainder of the funds gets directed to another person or organization. If the caretaker doesn’t keep the pets, they don’t get any money, so they’re incentivized. Plus, there’s a third-party trustee involved to make sure the pets are cared for. The idea of a pet trust becomes even more important when you have animals that you wish to be cared for that may have long lives, such as horses, or reptiles. Another situation in which a pet trust can be very important is if you have a pet with special needs that needs an elevated level of care over its lifetime. Interestingly, North Carolina and South Carolina law is different – in South Carolina, you can create a pet trust for future pets so long as they are alive at the time of your death. In North Carolina, though, if the pet trust is created in a revocable living trust, the pet trust can only cover “designated” pets alive at the time of the creation of the trust, so providing for future pets may be necessary in a testamentary trust (which is created only at death). This highlights the importance of using a knowledgeable attorney! Whatever your situation, the attorneys at Jesson & Rains are happy to talk about taking care of your furry family, as well as your human family, when you pass away. |
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