Many people wonder about the effect of a divorce on their will. Will your former spouse still be entitled to your grandmother’s fine china? Will your estate still be bound to donate $10,000 a year to your ex’s favorite charity?

Under Maryland law, a divorce automatically revokes all provisions in a will that relate to the former spouse. Following divorce, any benefits originally intended for the spouse will instead go to residuary beneficiaries. The law is a bit less clear about what will happen to any provisions in a will that benefit those related to a former spouse, or those that are listed as beneficiaries at the request of a former spouse.

In Friedman v. Hannan, 412 Md. 328, 987 A.2d 60 (2010), the highest court in Maryland affirmed a circuit court decision revoking provisions in a will that left all of a husband’s assets to his former wife and her family. The court held that under Maryland law, a divorce automatically revokes all provisions in a will that directly benefit a spouse, and may also revoke any provisions that are motivated by the marriage and relationships incident to the marriage. However, it is important to note that the court did not set forth any specific test or guidelines to determine whether a particular provision included in a will because of a former spouse’s relationship, or at the request of the ex-spouse, would automatically be revoked upon divorce. In such situations, a trial court would make a decision about the revocation of  a provision based on facts presented to the court at the time the will goes into effect.

If you get divorced, you have two options -

1. Make no changes to your will and hope for the best—There is no law requiring you to make any changes to your will following a divorce. Without revising your will, provisions leaving anything to your former spouse will automatically be revoked upon your divorce. Yet, if you decide not to change your will, it is possible that your estate will be bound to carry out the desires of your former spouse, as contained in your will. In the absence of revisions, your will may be challenged, and a trustee would have to present your wishes in a trial court, with the final determination in the hands of a judge.

2. Revise your will to ensure the proper beneficiaries—Following your divorce, you may wish to remove all references to your spouse in your will, as well as any provisions that benefit your former spouse’s family or interests. Even if you have residuary, or fallback, beneficiaries included in your original will, some simple revisions will clarify your wishes. Keep in mind that if you would like your former spouse to remain a beneficiary, you may need to revise your will so the provisions related to your ex-spouse are not automatically revoke

It is a good idea to consult with an attorney following a divorce, or any significant change in personal status, to determine whether you need to make changes to your will or any other beneficiary forms including (but not limited to) insurance policies and IRAs. We here at Delaney & Keffler, LLC will take the time to fully explain and discuss your options and so that you can feel confident that your wishes will be carried out by your will. Contact us today at 410-535-3476  (FIRM) or welcome@delaneykeffler.com for a free consultation.

A Bill that would tremendously change the waiting period for obtaining an absolute divorce in Maryland has been passed by both the House (House Bill 402) and Senate (Senate Bill 139) and is well on its way to becoming new law.

This bill amends the Maryland Family Law Article, Section 7-103 (a) and (c) to reduce from two years to 12 months, the period of time required for parties seeking an absolute divorce to live apart without cohabitation and without interruption before filing a Complaint for Absolute Divorce based on the grounds of involuntary separation.

Basically, the section underlined below will be eliminated from the current law and other provisions of Family Law 7-103 modified accordingly to allow for, in a sense, a one year separation, whether involuntary or voluntary.
If you think this isn’t big news, just ask someone who has had to wait two years to even file and start the process of obtaining a divorce!

Currently in Maryland a court may grant an absolute divorce on the following grounds:
• adultery;
• desertion, if the desertion is deliberate and final, has continued for 12 months without interruption, and there is no reasonable expectation of reconciliation;
• voluntary separation, if the parties have voluntarily lived separate and apart without cohabitation for 12 months without interruption and there is no reasonable expectation of reconciliation;
• conviction of a felony or misdemeanor in any state or federal court, if the defendant has been sentenced to serve at least three years, or an indeterminate sentence, and has served 12 months of the sentence;
• two-year separation, when the parties have lived separate and apart without cohabitation for two years without interruption before the filing of the divorce application;
• insanity, as specified; or
• cruelty of treatment or excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
The full text of the bill and how it changes the current law can be viewed at the following link: http://mlis.state.md.us/2011rs/bills/sb/sb0139t.pdf
As always, we here at Delaney & Keffler, LLC will take the time to fully explain the process and laws associated with Divorce and assist you in every way we can to make the process less painful. Contact us today at 410-535-3476 (FIRM) or welcome@delaneykeffler.com for a free consultation.

Delaney & Keffler was formed with the notion that attorneys should do more than draft legal documents and litigate disputes in court. First and foremost a good attorney will take the time to sit down and meet with a potential client to discuss that potential client’s individual needs, goals, fears, and limitations in order to determine what the best course of action for that individual client will be.