web analytics
September 1, 2014 / 6 Elul, 5774
At a Glance
Sections
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



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 Palestinian Authority has produced a brilliant piece of propaganda to sow more seeds of war.
Hamas Propaganda Video Compares 9/11 with IDF Bombing of Gaza
Latest Sections Stories
LBJ-082914

What better proof do we need than the recent war with Hamas in Gaza, dubbed “Operation Protective Edge,” that transformed the pain and suffering of three families into a sense of unparalleled unity and outpouring of love of the entire nation of Israel?

Katzman-082914

So many families are mourning, and all along we mourned with them.

Astaire-082914

In addition to his great erudition, Rabi Akiva was known for his optimism.

Kupfer-082914-Chuppah

She told me that she was busy and that he could sit in his wet clothes for the rest of the day. It would teach him to be more careful.

What can we do to help him stop feeling so sad all the time?

Children with dyslexia or dysgraphia frequently have problems in social relationships.

Israel’s neighbors engaged in hostilities from the onset. The War of Independence was a hard-won battle. Aggression and enmity has followed for 66 years.

The contest will include student-created sculpture, computer graphic design, collage, videography, PowerPoint and painting.

David, an 8-year-old boy on the autism spectrum, recently attended a Friendship Circle event. As he entered he told his Dad, “I love coming to the FC programs ‘cause everyone loves each other.”

Goldsmith himself went on his own “voyage of discovery” to the places where his grandfather and uncle landed and were sent.

Frank proclaimed himself Zvi’s successor and the reincarnation of King David.

You’re probably wondering why the greatest advocate of fast and easy preps in the kitchen is talking about layer cakes, right?

Almost immediately the audience began singing and clapping and continued almost without stop throughout the rest of the concert.

As of late, vintage has definitely been in vogue in the Orthodox community.

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: