Legal Question in Family Law in Maryland

Re: property and beneficiary question

If you die before the divorce is final, your wife will be entitled to claim one-third of your property (known as a statutory share) even if you have completely taken her out of your will. If your wife is willing to sign a marital settlement agreement in which she agrees to waive her statutory share, you can avoid this.

Also, be aware that if you take title to this property before the divorce is final, absent your wife's waiver, she might have a claim against the property as part of a divorce settlement, since legally it would be considered marital property. This, too, can be avoided by a written agreement.

Re: property and beneficiary question

Your question involves two issues pertaining to the surviving spouse's right of election. Various alternatives exist to accomplish your objectives. You should not implement these objectives without legal assistance.

A separation agreement will adress part of your needs.

A written contract, agreement, or waiver signed by the party who has the right of election is also valid.

Since you are undergoing a divorce you should consult with an attorney as to these matters.

It appears you likely require a Durable Power of Attorney and possibly a Last Will and Testament.

Contact me at (410) 799-9002 should you need assistance.

Joe Holthaus