Question: I am divorced from my husband but have not changed my Will, which leaves my entire estate to him. I do not wish to leave my property to him. If I were to die before my Will can be changed, would he still inherit my estate?

Answer: In Maryland a divorce or annulment revokes all provisions in a Will relating to a spouse unless otherwise provided in the Will or other decree.

New Law: A new law passed in Maryland now provides that a divorce or annulment revokes all provisions in a revocable trust related to a spouse (similar to a Will). The Governor signed the bill into law effective for divorces or annulments occurring on or after October 1, 2016.

ABOUT STEVE SHANE

Steve Shane provides strategic counseling to clients in need of estate administration, charitable giving and business continuity planning while minimizing estate, gift, and generation-skipping transfer tax exposure. He offers legal guidance to clients on asset protection and the proper disposition of assets in accordance with the client’s objectives, while employing tax planning techniques such as the use of irrevocable trusts, life insurance planning, lifetime gifts and charitable trust. He is also experienced with drafting documents for business planning, the incorporation and application for exemption for Private Foundations and the administration of decedents’ estates.

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