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Ask an Attorney: Family Law

If I die before my divorce is final I do not want my spouse to have custody of our children nor access to my estate. What should I do?

When children are in your life, everything changes. Until your divorce is final, and without a written agreement in the interim, under Maryland law your spouse can still be an heir and would probably get custody of the children. You should immediately have your Will reviewed or drafted, make plans for both guardianship of your children and their school, medical and personal needs. You need to plan in advance and consider the worst! You will not be there to help your child—you need to protect them now and plan for their future well bring while you can.