Practical Issues When A Proper Halachic Will Has Not Been Executed:
Halachic Wills or Halachic estate planning is an imperative matter to be addressed, as the secular laws of intestacy (laws pertaining to one who dies without a will) are in direct violation of Jewish inheritance laws.
Even the execution of a legally binding will, without inclusion of the necessary Halachic Will(s) or Halachic documents, will violate various laws of Jewish inheritance.
Without implementing a Halachic Will or Halachic estate planning, where a wife passes away, most or all of her assets generally belong to her surviving husband. Chazon Ish 66:21
A male who is survived by sons and minor daughters is required to support his daughters with food, clothing, utensils, and shelter until they come of age. (S”A E”H 112)
When a male is survived by sons and single daughters, the estate may need to pay dowries to the daughters when they get married. (S”A E”H 113)
Alternatively, without a Halachic Will or Halachic estate planning, where a husband passes away, although his surviving spouse might have certain rights with regards to being supported (until she remarries, passes away or collects her Kesubah [see below]) and is survived by sons and daughters, only the sons are exclusive heirs (as title owners) of the estate husband's assets.
A firstborn male is entitled to a double portion.
When no sons are living, the daughters are exclusive heirs of the estate.
When no daughters are living, the father is the exclusive heir of the estate. (See 'Order of Inheritance' for the comprehensive list of heirs.)
Torah heirs are given certain rights that, unless waived by the heir, may not be in accordance with one’s secular will. (S”A C”M 107, 115)
A male who is survived by his spouse is required to support his spouse with food, clothing, utensils, shelter, and medical needs unless she accepts a lump sum payment of her Kesubah or gets remarried. (S”A E”H 79, 93, 94)
A male who is survived by his spouse is required to pay his wife the amount specified in the Kesubah, which could be an amount greater than $50,000 (Chazon Ish 66:21). This value is based upon the value of silver of specific amounts of 200 zekukim and possibly 200 zuz. Rabbi Chaim Naeh calculates the value of the Kesubah by including both zekukim and zuzim. (See Shiurei Torah 50:44) However, the general consensus rules in accordance with the Beit Shmuel, who opines that the 200 zuz is subsumed within the 200 zekukim. (See Even HaEzer 66:15)
A male who is survived by sons and minor daughters is required to support his daughters with food, clothing, utensils, and shelter until they come of age. (S”A E”H 112)
When a male is survived by sons and single daughters, the estate may need to pay dowries to the daughters when they get married. (S”A E”H 113)
Brief Explanation of How These Issues Can Be Addressed
- One must determine who the Halachic heirs of one's estate are, to which assets (and to what amounts) they are entitled to and whether their current estate plan is in conflict with Halacha.
- Many executed sophisticated estate planning goals can be reached by restructuring or supplementing the plan according to Halacha.
- Certain transactions require the usage of one or more Halachically accepted types of acquisitions.
- There are several Halachic mechanisms which can be utilized in order to ensure compliance with one's Halachic estate plan.
- After analyzing one's estate planning goals, along with the Halachic issues to be addressed, a proper plan of action can be proposed.