​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:

• Choose your executor: Instead of the court picking someone, you name the person you trust most to manage your estate.
  
• Waive executor bond premiums: Potentially saving your estate and loved ones unnecessary expense.
  
• Direct how and to whom your assets are distributed: Whether to family, friends, or charities.
  
• Plan for minor children: Set up trusts or other mechanisms to ensure they are cared for financially, and name the guardian who will raise them. Without a will, these decisions are left to the courts, and access to funds for your children may be completely restricted.
  
• Exclude specific individuals: If you wish, you can ensure certain people do not inherit from you.
  
• Support causes you care about: Leave gifts to charitable organizations or other meaningful beneficiaries.
  

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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 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. 

By Associate Attorney Katy Currie

Valentine’s Day is a holiday to celebrate the endless love we have for the loves of our life. What better present to give your Valentine this year than ensuring your estate planning is done? There are many important aspects of sitting down and planning for your future through your estate planning documents, and unfortunately, there are countless issues that could arise without proper estate planning.

Without a will you lose the control you have over who inherits what when you pass away, and this could have huge implications on your loved ones.  You are deemed to have died “intestate” if you die without a will. North Carolina has an Intestate Succession Act which is the default law that kicks in if you should pass away without a will. It names which of your surviving family members are considered your legal heirs in North Carolina.

The most common misconception surrounding intestate succession is that your spouse will inherit everything if you pass away without a will. This is not always the case if you have probate property and are survived by children or parents in addition to a spouse. For example, if you do not have a will and are survived by a spouse and one child (or grandchildren if that child is deceased), or a spouse and a living parent if you have no children or grandchildren, in addition to receiving the $60,000 spousal allowance, your surviving spouse takes the first $60,000 of your personal property, ½ of your real property, and ½ of whatever remains of your personal property while the child/grandchildren/parent inherits the remainder.  If you are survived by multiple children or grandchildren, that number is cut to 1/3.

Additionally, in North Carolina, a will is the only way to name a guardian for your minor children in the event both parents pass away. You can also create a testamentary trust within your will, which will name a trustee who can be the money manager for inheriting children until they reach a certain age (later than the default age of 18).

So, while enjoying a nice romantic dinner to celebrate and show your love for your Valentine, it is also an opportunity to discuss planning for your future while you have some alone, intimate time together. If you approach the conversation with care and thoughtfulness, it could help you break the ice for those difficult, but important, decisions for your estate plan which will have a positive impact on your Valentine for years to come.  If you would like to take the next step and work on your estate plan, give Jesson & Rains a call!