�By: Isaac Yedid, Esq. & Raymond Zeitoune, Esq.�

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 which affects everyone�� the laws of yerushah (inheritance). According to the Torah�s laws of inheritance, a�man�s sons1 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). 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-halachic Will�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�s laws of yerushah.

What is a 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.

1 If a man has no sons, the order of succession is as follows: (i) daughters, (ii) father, (iii) brothers, (iv) paternal�uncles, and (v) next of kin.

Protect Your Family

Many young couples mistakenly believe that only elderly or very wealthy people should�write a Will. When speaking with young parents in their 20�s and 30�s about writing a�Will, the usual responses are, �Why do I need a Will? I don�t own any property!� or �I�m�not a millionaire, what do I need to worry about?� Unfortunately, many couples view�their greatest asset as their home or the �green paper� in their pockets. The truth of the�matter is that a couple�s greatest assets are their children.

Example: Joseph and Sara have been happily married for eight years. Although Joseph�and Sara don�t own any property, they have three wonderful children and both work�very hard to provide for their children. One Saturday night, Joseph and Sara decide to�hire a babysitter and enjoy a �date night.� They enjoy a lovely dinner at one of the city�s�most exquisite restaurants. However, things begin to take a turn for the worse. While�Joseph is cautiously driving home, his car is struck by a drunk driver travelling at 95�mph. Joseph and Sara are rushed from the scene to the nearest hospital, but�unfortunately, they both don�t survive the night.

In a Will, you may choose who you would like to be the legal guardian of your children in�the event of your untimely death. Young parents assume that there is no need for this�type of legal planning because there is an obvious choice for an alternative legal�guardian for their children, and the courts will clearly see things that way. However, one�of the most important lessons shared by estate planning attorneys is the fact that family�relationships are often strained in the aftermath of a death. While it may not seem like a�possibility now, in the aftermath of your death, different family members may begin�arguing over the guardianship of your children. Taking away these uncertainties today�should be a high priority for all parents.

Every couple with young children (especially those that travel together often) should�consider writing a Will. Without properly drafted Wills naming the legal guardians of their�children, the fate of Joseph�s and Sara�s three children rests in the hands of the courts�which inevitably may cause the surviving family members (i.e. the grandparents) to�argue as to who is better equipped to act as the legal guardian for the three orphaned�children.

Avoid Potential Family Disputes

Often times, elderly couples need to be cared for, and the people in the best position to�care for them are their children. Unfortunately, due to family responsibilities, business�matters or other considerations, not all of an elderly couple�s children are always around�to take on their fair share of the responsibilities, and some children may make more�efforts than others. Elderly couples may desire to reward their �golden child� with a�larger inheritance.

Example: Jacob and Rachel have been happily married for 52 years. They have two�sons and one daughter, as well as many grandchildren and great grandchildren.�Jacob�s and Rachel�s sons run successful businesses and are constantly travelling out�of town. However, their daughter, Leah, diligently takes care of her parents. She comes�by her parents� house every day, helps them with errands, drives them to doctors��appointments and handles all of their paperwork. Jacob and Rachel decide that they�would like to give Leah something special. Jacob tells Leah, �Your mother and I have�decided that after we�ve passed on, we would like you and your brothers to split our�assets equally, but we want to give our home only to you as a token of our appreciation�for all the care that you�ve given us.�

Without properly drafted Wills that leave their house to Leah, Jacob�s and Rachel�s sons�have an automatic legal write to share in their parents� house, which may cause future�arguments between Leah and her brothers. The last thing parents want after their�death is to have their children argue over monetary possessions. The smart thing to do�is to have a Will that specifies how you want your assets divided upon your death.

The attorneys in the Trusts & Estates Practice Group at Yedid & Zeitoune, PLLC 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. May we all merit living long, healthy and happy lives – amen.

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The Trusts & Estates Practice Group at Yedid & Zeitoune, PLLC collectively work together with each�client to ultimately put together an Estate Plan customized to each client�s particular needs, taking�into account the need to balance control with protection. The attorneys in the Trust & Estates Practice�Group at Yedid & Zeitoune have a combined 20 years of legal experience.

Isaac Yedid, Esq. and Raymond Zeitoune, Esq.

Yedid & Zeitoune, PLLC

1172 Coney Island Avenue Brooklyn, New York 11230

Phone: (347) 461-9800 Fax: (718) 421-1695 Email:�[email protected]

NYC Office – By Appointment Only:

152 Madison Avenue, Suite 1105 New York, New York 10016