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Health needs spur planning

Attorneys Jeffrey Banner, left, and Timothy Sechler handle wills and trusts for clients at Heritage Elder Law and Estate Planning.
Wills, trusts part of big picture

Estate planning is becoming an increasingly popular way for people to make sure their possessions and loved ones are protected after their deaths.

It is also an effective way for people to protect themselves should they need long-term care.

Timothy Sechler, an attorney with Heritage Elder Law and Estate Planning on Main Street, specializes in estate planning.

“Estate planning is essentially creating a rule book to answer questions upon your passing,” Sechler said.

The typical documents used in estate planning are wills, living wills, power of attorney, and trusts. Each serves a different purpose in a person’s plan.

A will, which is a document allowing a person to leave assets according to his wishes, is the most basic and common form of estate planning.

But Sechler said a problem with a will is that it can be subject to probate and taxes.

Trusts serve as an alternative to a will and are not subject to probate or estate taxes. However, they are a little more expensive and complicated to create.

Even so, Sechler said trusts are becoming popular as families look to secure their assets.

“We’re seeing an increased interest in trusts,” he said. “Particularly from 50 to 60-year-olds wanting to protect their assets from nursing homes.”

Sechler said more people are paying attention to potential long-term care needs as nursing home costs can hit $100,000 per year.

“Many people now are watching their parents go through it and want to protect themselves,” Sechler said.

Another way people can plan for long-term care needs is through a durable power of attorney, which is a document that appoints another person to make decisions on a person’s behalf should he become incapacitated.

Similarly, a living will gives a person the ability to map out themselves how they want to spend the end of their lives.

Sechler said the two documents are important for people who will need long-term care in the future.

While wills and trusts are popular among those over 50, Sechler said he also deals with many 20- to 30-year-olds.

One of the biggest draws to create a will are children, Sechler said.

“Younger folks are more concerned with guardians for their underage children,” he said. “So we’re seeing a lot of people right after they get married or after they have kids.”

Sechler said estate planning can basically be broken into two groups: people who are healthy and looking to secure their assets, and people who are unhealthy and looking to secure long-term care needs.

While these two groups cover most clients, Sechler said it is important to recognize that every person’s needs and wishes are different, and thus every person’s estate plan will be different.

Regardless of which documents a person decides to use, Sechler said it is important for everyone to plan for the future.

Since planning an estate can be a complicated process, Sechler said it is important not to go at it alone.

Sechler said the process of planning an estate takes about a month at his office. Customizing a plan takes time.

Sechler said there is one common mistake he sees people make while planning an estate.

“The biggest mistake out there is the attorney and financial adviser not being on the same page,” he said. “And it is very important that they are.”

Sechler said it is also important to maintain the estate plan.

“Most people should pull the documents off the shelf every couple of years or after any life changing event,” he said.

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