web analytics
September 18, 2014 / 23 Elul, 5774
At a Glance
Sections
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



Do You Need A Will?

Biz-Supplement-012513-Will

Halachic Estate Planning

In today’s society, the monetary laws of the Torah have unfortunately been largely disregarded even within the Orthodox community, mostly due to a lack of education and understanding of those laws. There is one area of monetary law that affects everyone – the laws of yerushah (inheritance). According to the Torah’s laws of inheritance, a man’s sons are his sole heirs, each inheriting an equal share, except that when the oldest child is a son, the first-born son would inherit a double share (as compared to his brothers). (If a man has no sons, the order of succession is: daughters, then brothers, then parents, then uncles, then next of kin.) Jewish law provides for the man’s widow and unmarried daughters by giving them a lien against the man’s estate for their support until his widow remarries and until all his daughters get married, but the man’s widow and daughters do not inherit any property outright.

In contrast, under New York law, if no will was ever written, a deceased person’s surviving spouse and children (including daughters) all have a right to share in the deceased person’s estate. If a will was written, the deceased person’s assets would be distributed to whoever was named in the deceased person’s will. However, a secular non-halachic will has no halachic validity, which poses a real problem for an observant Jew. A secular non-halachic Will takes effect only after a person’s death, at which time the deceased person’s halachic heirs have automatically inherited the deceased’s assets, and the deceased person no longer has any halachic authority to transfer such possessions because those possessions no longer belong to the deceased person, but rather to his halachic heirs.

Furthermore, a person has no halachic right to accept assets inherited from an estate where the deceased person had no will or had only a secular non-halachicwill because it is almost certain that there will be instances of gezel (theft) under Jewish law. Therefore, it is important for every Jewish person to not only write a will but to make sure the will conforms with Jewish law, making sure that the very last thing a person does in this world does not violate the Torah’slaws of yerushah.

This article mentions only a few reasons why everyone needs to have a Will. Future articles will discuss how a will also promotes charitable planning, avoids/minimizes estate taxes, and helps families financially plan for future generations. May we all merit living long, healthy and happy lives.

About the Author: Isaac Yedid, Esq. and Raymond Zeitoune, Esq. are Partners at Yedid & Zeitoune, PLLC. The attorneys in the Trust & Estates Practice Group at Yedid & Zeitoune have a combined 15 years of legal experience and are ready to assist you with all your estate planning needs. The attorneys have consulted with many Orthodox rabbis and have obtained a p’sak halachah as to the proper way to write a halachic will in order to avoid the halachic problems mentioned above.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Do You Need A Will?”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
The Iron Dome was called on for the first time in 2013 to intercept a missile fired by terrorists in Sinai at Eilat.
National Lawyers Guild seeks to indict Obama for helping Israel build Iron Dome
Latest Sections Stories
Ganz-091214-Fifty

Today, fifty years and six million (!) people later, Israel is truly a different world.

Goldberg-091214

There will always be items that don’t freeze well – salads and some rice- or potato-based dishes – so you need to leave time to prepare or cook them closer to Yom Tov and ensure there is enough room in the refrigerator to store them.

Women's under-trousers, Uzbekistan, early 20th century

In Uzbekistan, in the early twentieth century, it was the women who wore the pants.

This is an important one in raising a mentsch (and maybe even in marrying off a mentsch! listening skills are on the top of the list when I do shidduch coaching).

While multitasking is not ideal, it is often necessary and unavoidable.

Maybe now that your kids are back in school, you should start cleaning for Pesach.

The interpreter was expected to be a talmid chacham himself and be able to also offer explanations and clarifications to the students.

“When Frank does something he does it well and you don’t have to worry about dotting the i’s or crossing the t’s.”

“On Sunday I was at the Kotel with the battalion and we said a prayer of thanks. In Gaza there were so many moments of death that I had to thank God that I’m alive. Only then did I realize how frightening it had been there.”

Neglect, indifference or criticism can break a person’s neshama.

It’s fair to say that we all know or have someone in our family who is divorced.

The assumption of a shared kinship is based on being part of the human race. Life is so much easier to figure out when everyone thinks the same way.

Various other learning opportunities will be offered to the community throughout the year.

More Articles from Raymond Zeitoune and Isaac Yedid
Biz-Supplement-012513-Will

A will is a legal document that provides specific instructions as to how a person’s assets should be distributed upon his or her death. This article will touch on a few reasons why it is important for everyone, young or old, wealthy or not, to write a will.

Printed from: http://www.jewishpress.com/sections/features/do-you-need-a-will/2013/01/25/

Scan this QR code to visit this page online: