Register of Wills Outlines Estate Planning Fundamentals

"Where there's a will, there's a way" is a 17th century English proverb. Byron Macfarlane, Register of Wills for Howard County, recently told Columbia-Patuxent Rotarians how important a will can be for managing a decedent’s estate in modern times.

Macfarlane was first elected to his post in 2010, and since that time he has diversified and modernized the office, built a staff dedicated to compassion and professionalism, and advocated for reforms that make the legal process following the passing of a loved one easier for Maryland families. Byron’s passion for politics and public service was ignited by an influential government teacher whose call to civic action—“vote, don’t let the future happen without you”—guided his educational and career choices.

At the Rotary club meeting, Byron discussed the four fundamental estate planning tools: (1) Advanced Directive - to govern medical decisions and funeral instructions in case of incapacity. (2) Power of Attorney - for managing financial affairs if one becomes unable to do so; this authority ends upon the person’s death. (3) Last Will and Testament - whose primary function is to distribute assets titled solely in the decedent’s name with no beneficiary. He noted that most local probate estates are relatively small and explained why, citing the effective titling of assets and the impacts of high long-term care costs. (4) Revocable Trust - Byron compared the will to revocable trusts, explaining the pros, cons, and longevity of trusts that can last for decades, or longer, and that manage and dispose of assets that have been re-titled into the trust.

Byron stressed the importance of asset titling to avoid probate, ensuring that all accounts and properties have clear beneficiaries or joint owners. He said there are practical steps for Maryland residents to take for this, such as using the Attorney General’s website for free forms and considering “transfer on death” designations for vehicles. Under Maryland law, a will needs to be written, signed, and witnessed by two competent adults. The best way to revoke an old will is to physically destroy all copies.

In your will, Byron explained, you can (1) name a personal representative (executor) responsible for gathering your assets, paying off debts and expenses, and making distribution to your heirs or legatees; (2) you can decide who inherits what from your estate, any charitable bequests, and the creation of trusts for minors or individuals with disabilities; (3) you can waive the need for your personal representative to purchase a surety bond (insurance) for the full value of your estate. He said filing a will with his office provides confidentiality and safekeeping for a minimal and minimal ($5) cost.

Byron concluded by emphasizing the peace of mind provided by a proper will. “There is so much uncertainty, going through the death of a loved one is such a fraught process,” he said. “Having a will and having done this planning, even though none of us wants to think about the end of our own lives, I think it's a tremendous gift to your family … I think it's worth the time for the people that you love, and who are going to be left to kind of pick up the pieces after you're gone.”

Columbia-Patuxent is the largest and most active of Howard County’s seven Rotary clubs. It meets weekly on Friday’s at 7:30 a.m. at JAM Eateries. Visitors are always welcome.