web analytics
December 25, 2014 / 3 Tevet, 5775
 
At a Glance
Sections
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



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
Firebombed car near Maale Shomron
Breaking News: 11-Year-Old Girl Fighting For Her Life Following Arab Terror Attack
Latest Sections Stories

Today’s smiles are in the merit of my friend and I made a conscious effort to smile throughout the day.

Schonfeld-logo1

When someone with a fixed mindset has a negative interaction with a friend or loved one, he or she immediately projects that rejection onto him or herself saying: “I’m unlovable.”

How many potential shidduchim are not coming about because we, the mothers, are not allowing them to go through?

Is the Torah offering nechama by subtly hinting that death brings reunion with loved ones who preceded you?

She approached Holofernes and, with a sword concealed under her robe, severed his head.

Here are examples of games that need to be played by more than one person and an added bonus: they’re all Shabbos-friendly.

The incident was completely unforeseeable. The only term to describe the set of circumstances surrounding it is “freak occurrence.”

The first Chabad Center in Broward County, Chabad of South Broward, now runs nearly fifty programs and agencies. T

The NHS was also honored to have Bob Diener as keynote speaker.

Written with flowing language and engaging style, Attar weaves a spell that combines mystery, humor, adventure and Kabbalah in the most magical place in the world, the Old City of erusalem.

There are those who highlight the diversity of these different teachings, seeing each rebbe as teaching a separate path.

Rav Dynovisz will be speaking in Hebrew on Wednesday, January 7, at 7:30 p.m.

Rabbi Simeon Schreiber, senior chaplain at Mount Sinai Medical Center in Miami Beach, saw a small room in the hospital that was dark and dismal but could be used for Sabbath guests.

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: