By Senior Associate Jeneva A. Vazquez

As estate planning attorneys, we often receive calls from the family members of small business owners after the owner has become incapacitated or passed away. These conversations are emotional and stressful, and without proper planning, a business can quickly become tangled in legal red tape, disrupting operations and harming its value.

If you are a solopreneur or small business owner, estate planning isn’t just personal—it’s a business necessity.  If you are suddenly unable to run your business due to illness or injury, business operations can come to a halt in a matter of days.  Without a valid power of attorney in place, no one—not your spouse, family, or team—has the legal authority to access business bank accounts, sign contracts, or make payroll.  Incapacitation can jeopardize your employees’ paychecks, your clients’ trust, and your company’s survival. With a plan in place, you can designate someone you trust to step in and keep things running smoothly if you're ever unable to do so.

Another common issue arises when trying to prove business ownership after death. Unfortunately, family members are oftentimes left with documentation that rarely provides the level of detail needed to prove actual ownership.

Sometimes when people form an LLC, the Articles of Organization filed with the Secretary of State’s office will list out all the owners, but not always, and in those cases where they are not all listed, an operating agreement is needed.  However, if your business is a corporation, the owners are NEVER listed on the Articles of Incorporation.  The business must issue share certificates or the owners must enter into a shareholder agreement to show ownership, and we find that frequently does not happen.  Without formal documentation of ownership, survivors may struggle to access accounts or make critical decisions.

Additionally, these same formal business documents help protect you during your lifetime from business liabilities, so it’s really important that businesses are set up properly.

Finally, as a business owner, meeting with an estate planning attorney is important in order to help keep your business interests out of probate when you pass away.  Probate can delay business continuity for months or longer. During that time, no one may have the authority to access business funds or formally transfer ownership.  Probate is also a public process, meaning sensitive business information can become part of the court record. Using trusts can allow your business interests to bypass probate and ensure a quicker, more private transition in line with your wishes.

At our firm, we help business owners like you create custom estate plans that reflect your goals and protect what you’ve worked so hard to build. We also help you proactively set up the legal foundation of your business.  Contact Jesson & Rains to help you secure your business, your legacy, and your peace of mind.  While You Build, We Protect.® 

By Senior Associate Heather McKaig

A Power of Attorney (POA) is one of the most important documents in an estate plan, but it’s also one of the most misunderstood. It allows you to name someone you trust to be your agent and handle your legal, financial, or medical decisions if you become unable to do so.

There are two types of POAs commonly used in estate planning. A Durable General POA is used to manage financial and legal matters and it stays in effect even if you become incapacitated. A Healthcare POA appoints someone to make medical decisions when you are unable to make or communicate your own decisions. Both documents are meant to provide support during your lifetime, especially in times of illness or incapacity.

One common misconception is that you can obtain power of attorney over a loved one or family member and become their agent. Power of attorney is given to the agent, the agent doesn’t go and get it. A person chooses their agent and appoints them by signing the POA. If your loved one is already incapacitated, they can’t sign the POA document to name you as their agent. To act as an agent for someone who is already incapacitated, a court proceeding appointing a guardian is required.

Another misconception is that an agent can use a POA to act for someone after they have died. A POA is only valid while the person who created it is alive. The moment that person dies, the agent’s authority ends. An agent can no longer access bank accounts, sell property, or make decisions on behalf of the deceased. Any attempt to act under a POA after death has no legal effect and any such action would create problems for the estate.

Once someone dies, any assets in their name alone become part of their probate estate and the Will, or a Trust if one exists, takes over. To access or manage the probate estate assets, someone must be appointed by the court as the Personal Representative of the estate (also called an Executor or Administrator). This person is usually named in a Will, or, if there’s no Will, appointed based on state law. 

This is why a POA is just one part of a complete estate plan. A POA is critical for handling things during life, but it doesn’t help after death. For that, you need: 

• A Will, to name your beneficiaries and executor, or 
• A Trust, if you want to avoid probate or add extra protection for your assets
• Updated beneficiary designations on accounts
• A plan for incapacity and medical decisions

A final misconception about POAs is that a power of “attorney” should be given to an attorney. Lawyers very rarely serve as agents under POAs. In this legal context, “attorney” means your representative or agent. Partners, family members, or other trusted people close to you are the best choices to act as your agent under a POA.

A POA is an essential tool for managing life’s unexpected turns. But it’s not designed to handle what comes next. That’s where your Will, Trust, and estate plan step in.

If you’re unsure whether your current plan covers everything it should—during life and after—we’re here to guide you through it.

By Attorney Edward Jesson

When you're building a family, planning for the future often focuses on saving for a home, childcare, or college. But one of the most important and often overlooked steps is creating a solid estate plan. In North Carolina, having a will and other key legal documents in place can give your family peace of mind and security, no matter what the future holds.

Why Young Families Need a Will
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A will isn't just for the wealthy or elderly — it's essential for anyone with dependents. A will lets you:

• Name a guardian for your minor children if something happens to both parents
• ​Decide who will manage your estate and handle your affairs
• Outline how your assets — including life insurance, vehicles, and savings — should be distributed

In North Carolina, a valid will must be written, signed by you, and witnessed by at least two people. Notarizing the will makes it easier to prove in court after you pass.  While handwritten (holographic) wills are allowed in some cases, they are harder to prove and easier to contest.  

Beyond the Will: Essentials for Families

A complete estate plan for young families should also include:

• Durable Power of Attorney: Allows a spouse or trusted person to manage finances if you become incapacitated.
• Healthcare Power of Attorney & Living Will: Ensure your medical decisions are handled the way you want if you're unable to speak for yourself.
• Beneficiary Designations: Make sure your life insurance policies, retirement accounts, and other financial assets list the correct people.
• You might also consider setting up a trust — even a simple one — to manage how and when your children receive any inheritance. A trust can help prevent a young child from receiving a large lump sum at age 18 and ensure the money is used for education, care, or other specific needs.

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Don’t Leave It to Chance

If you pass away without a will (called dying intestate), North Carolina law will decide who inherits your property — and who cares for your children. That may not align with your wishes.

Estate planning doesn’t have to be complicated. For most young families, starting with a basic will and power of attorney documents is a smart first step. As your family and finances grow, you can adjust your plan. Protecting your family’s future starts with a plan today—call the lawyers at Jesson & Rains, PLLC to see how we can help you plan for the future.

By Senior Associate Jeneva A. Vazquez

After 10 years at Jesson & Rains serving estate and business clients—and with more than a combined 45 years of experience among our estate planning team—we have seen and heard a lot. A few questions come up almost daily from our clients:
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1. How will my family know what to do when I’m gone?
2. What happens in an emergency?
3. What happens if I need changes?
4. What do I do if I acquire new assets?
5. How does my family know to contact you?
6. Will you help my family with all of this after I’m gone?
7. Do you keep my documents?
   
   

If you’ve ever asked one of these questions, had any of these concerns, or reached out to ensure your assets and beneficiary designations are properly handled, we have exciting news for you!

After years of answering these questions and seeing firsthand the challenges families face, we’ve worked hard to create a comprehensive solution. We are thrilled to introduce our Legacy Support Program designed to provide ongoing support, easy access, and peace of mind for you and your loved ones.

What is the Legacy Support Program?

The Legacy Support Program is an annual, flat-fee service, offering different levels of support based on your needs. Our tiered service options help keep your assets properly aligned with your plan, ensure they are easy to locate and administer, and provide your loved ones with seamless access to essential information through every stage of life and beyond.

Key Benefits of the Legacy Support Program:

Easy Access, Anytime, Anywhere
• Through our new client app, your most important documents are always at your fingertips. You, your spouse, and trusted loved ones can access them instantly when needed. You’ll also gain access to our trusted referral network and important legal updates.

Peace of Mind, Year After Year
• Laws change, families evolve, and assets shift. With our ongoing support, we ensure your plan works efficiently when your family needs it most.  Estate planning isn’t a one-time event. Keeping your plan and assets up to date is essential to ensuring everything functions smoothly when it matters most.

Comprehensive Support for Business & Personal Legacy
• As you build your business and acquire assets, our program offers proactive, strategic legal guidance with hands-on support, ensuring your business and personal legacy are protected every step of the way.

Choose the Right Plan for Your Needs

We offer three levels of planning, so you can select the right level of support for you and your family:

• Foundation Plan – A strong foundation for maintaining estate planning essentials, including access to our client app, ongoing asset support, and keeping your asset information current.
• Architect Plan – A blueprint for your evolving legacy, providing enhanced support and strategic adjustments, including updates to your plan and additional communication.
• Fortress Plan – Proactive strategic guidance with hands-on support. We help you build, refine, and safeguard a lasting legacy with comprehensive asset transfers and plan updates.  Great for real estate investors and business owners.

Estate planning doesn’t stop once documents are signed—it’s an ongoing process, and we’re here to be your planning partner for life and beyond. With the Legacy Support Program, you can rest easy knowing your family has secure access to your plan, your assets are properly maintained, and your loved ones will have the guidance they need when it matters most.

Ready to secure your legacy with confidence? Contact us today to learn more about the Legacy Support Program and find the right plan for you. For existing and past clients, we are offering a special promotion to waive our one time “catch-up fee” if you sign up in the 30 days. 

By Senior Associate Heather McKaig

Roses are red, Violets are blue, relationships change, your planning should too! Valentine’s Day is a great time to make sure that your estate plan matches your relationship status. Changes in relationships mean changes in priorities.  As estate planning attorneys, we focus on your priorities when it comes to designing a plan for your assets, your decisions, and your loved ones. If every relationship status was a candy heart, this is what we would advise:

“FEELIN’ MYSELF”    Flying solo?  If you die without a will or trust, your assets are distributed to relatives according to a hierarchy set by the laws of NC.  With a will or trust, you direct who inherits your assets after you die. If you are incapacitated and unable to make your own decisions about your finances or your healthcare, the courts will appoint a guardian to control your financial and healthcare decisions. That guardian might not be the person you would have chosen yourself to make decisions for you. We can prepare power of attorney documents in which you designate the people you want making those decisions for you.

“LUV U BOO”     Partnered up but not married? NC does not have common law marriage, so if you are not married and you want your partner to inherit from you, we can help you do that through a will or trust. Do you want your partner to make financial or legal decisions for you? Do you want them to be there in the hospital with you to make your healthcare decisions in the event you can’t?  To make sure you can always be there for each other, you need to be named in power of attorney documents.

“I WOOF U”    Disappointed in humans and only speaking to your dog?  We can help with pet trusts to make sure that after you are gone, your furry family member is cared for in the manner to which they are accustomed!

“4EVER”    In sickness and in health? Just because you’re married does not mean that your spouse is able to make decisions for you if you can’t.  Your spouse is presumed to be your agent in healthcare situations in NC, but not for financial, legal, or in personal business decisions.  And, under NC law, your spouse does not automatically inherit all your assets when you die. You and your spouse should review and revamp your estate plans and powers of attorney together with one of our estate planning attorneys.

“FREE”     I-N-D-E-P-E-N-D-E-N-T?  Time to redo your documents and plot your own course. Be sure your ex is not named as a beneficiary or a power of attorney for you.  New estate plan documents make sure you have only the people you want acting for you and as your beneficiaries.

“MISS U”    Til death do us part?   If you lose a loved one, we can help with the administration of their estate or trust, and, when you’re ready, we can help you set up a new estate plan for yourself.  And we can help you with new power of attorney documents, if necessary, to name someone to make decisions for you if you can’t.

Whatever your relationship status this Valentines Day, Jesson & Rains can help you take care of yourself and those you love!