Practical Issues


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 documents, will violate various laws of Jewish inheritance

When one is survived by sons, these sons are exclusive heirs of the estate

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 completed list)
         
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 her the payment amount specified in the Kesubah which could amount to greater than $33,000 (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)


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.