One detail that people often overlook following a divorce is updating their estate plan. For example, the will that you signed during your marriage likely left most of your property to your then-spouse and named them as the executor of your estate.

What happens if you forget to sign a new will after the divorce? Does that mean your ex gets everything?

Here is a hypothetical scenario: Joan got divorced from her ex-husband, David, several years ago. One day, while Joan is going through her personal files, she discovers a will she signed while she was still married. The will named David as her sole heir and executor of her estate.

This concerns Joan: If something were to happen to her before she can speak with her attorney and have a new will drafted, would that mean her ex-husband would be in control of her estate?

Fortunately for Joan, this is not what would happen. Maryland law provides for this exact sort of situation. Basically, once a court grants a divorce or annulment of a marriage, any will previously executed by either spouse is revoked with respect to any provisions “relating to the spouse.”

In other words, if you get a divorce, any language in your pre-divorce will name your ex-spouse as either a beneficiary or executor of your estate is automatically void. Still, the rest of the will remains intact. Another way to look at this is that the law acts as if your ex-spouse had predeceased you. Of course, if you want to avoid any questions, it is best to make a new will as soon as possible after your divorce.

What Happens to a Spouse’s Inheritance Following Divorce?

A related question that often comes up is how divorce might affect an inheritance either spouse received during the marriage. For instance, let’s say our hypothetical divorcee Joan received a $20,000 inheritance from her aunt while she was still married to David.

Generally speaking, Maryland law considers such an inheritance to be non-marital property, meaning Joan would not have to share any of that money with David in the divorce. However, if the court finds there was a “comingling” of assets–i.e., Joan used her inheritance money to pay for marital assets or debts–then it could be treated as a marital asset.

Can Your Ex-Spouse Inherit Assets Outside Your Will?

Not all of a person’s assets are necessarily controlled by a will or trust. Assets “not included under your will” typically refer to non-probate assets. In this case, the custodian of such assets will have you sign a separate beneficiary designation form because the automatic revocation-upon-divorce rule doesn’t apply to these assets.

These assets pass directly to named beneficiaries or joint owners and do not go through the probate process:

• Life insurance policies
• Retirement accounts
• Jointly owned real estate with rights of survivorship
• Trust assets

This means that:

• If you named your spouse as the beneficiary of your life insurance or retirement account while you were married and did not update it after divorce, your ex-spouse could still inherit those funds.
• Financial institutions are generally bound to honor the latest signed beneficiary form on file at the time of your death.

According to a decision from the Maryland Court of Special Appeals, Hartley-Bartman v. Merrill Lynch, such policies are enforceable under Maryland law. This case involved a plaintiff who attempted to claim 50 percent of her late ex-husband’s IRA with Merrill Lynch. The deceased set up the IRA in 2016 while the parties were still married. The couple divorced in 2018, and he passed away the following year.

Merrill Lynch told the plaintiff that she was still listed as a 50% beneficiary of the IRA, as her former husband never filed a new beneficiary designation after the divorce. Nevertheless, Merrill Lynch said that under the contracts governing the IRA, the former husband was required to “re-designate” the plaintiff as a beneficiary after the divorce. Since he never did so, Merrill Lynch considered the original beneficiary designation revoked.

The plaintiff sued Merrill Lynch for breach of contract. Both the circuit court and the Court of Special Appeals ruled in favor of Merrill Lynch. The appellate court explained that the “re-designation provision” of the IRA contracts was enforceable under Maryland law. Among other arguments, the Court rejected the plaintiff’s claim that Merrill Lynch’s practices were “contrary to public policy,” given that the Maryland legislature did not adopt an automatic revocation-on-divorce rule for beneficiary designations. The Court noted that the legislature had extended these rules to other non-probate assets – i.e., those placed in a revocable trust – suggesting there was no such conflict.

Can You Prevent Your Ex-Spouse from Unintended Inheritance?

If you want to ensure your assets go to your intended heirs and not your ex-spouse, you should:

• Review and Update All Beneficiary Designations: Contact your HR department, financial advisor, or the relevant financial institution to update beneficiaries on life insurance policies, retirement accounts, and other relevant accounts.
• Amend Trust Documents: If a trust was created during your marriage, review it with an estate planning attorney and make necessary amendments to remove your ex-spouse, if desired.
• Change Joint Ownership Arrangements: For jointly titled assets, consider severing the joint tenancy or changing the ownership form to prevent automatic transfer to your ex-spouse.
• Coordinate with Your Divorce Decree: Sometimes, divorce agreements or court orders may require one spouse to maintain the other as a beneficiary on specific policies for a specified period (often for child support or alimony security). Always follow legal obligations outlined in your divorce judgment.

Failing to update non-probate asset designations can undermine your estate plan and cause distress among surviving loved ones. Legal disputes may arise if family members believe your true intentions were not carried out.

When Can an Ex-Spouse Indirectly Inherit?

The Maryland Court of Special Appeals also recently explained in an unpublished decision that even when divorce eliminates one ex-spouse’s right to an inheritance from the other ex-spouse, that does not necessarily prevent their right to inherit indirectly. The specific case before the Court, In Re Estate of Brandon, involved a complex situation in which a divorced woman was a beneficiary of her late mother’s estate. When she died, her son became the beneficiary of both her estate and that of her grandmother.

The son then passed away without leaving a will. His father, the mother’s ex-husband, then stood to inherit the son’s entire estate. Other family members challenged this, arguing that the father had relinquished all his inheritance rights to the ex-wife in the divorce. The Court of Special Appeals disagreed, explaining the ex-husband could still inherit from his son, even if some of the assets in the son’s estate included assets that his ex-wife inherited from her mother.

Why Is It Important to Review Your Estate Plan After Divorce?

Failing to update your estate plan after divorce can lead to unintended results:

• Misplaced Inheritances: Your assets could pass to someone you didn’t intend or to no one in particular, causing probate delays and confusion.
• Executor Issues: An ex‑spouse left in charge may mishandle distributions or prolong probate.
• Medical Decision Risks: Outdated directives could put critical healthcare decisions in the wrong hands.

These risks can be mitigated through proactive planning and a thorough legal review, assisted by a family attorney.

Speak with a Southern Maryland Family Law Attorney Today

Maryland’s statutory protections ensure your ex‑spouse cannot inherit under a will drafted during your marriage, but only with respect to the will’s provisions. To fully protect your wishes, you must supplement this legal safety net with updated documents.

For more information or to ask questions, please contact our office to speak with an experienced lawyer at (301) 870-1200.