Community Magazine October 2009

H 7 OW CAN ONE PROVIDE FOR A WIFE OR DAUGHTER WITHIN THE HALACHIC FRAMEWORK? According to some poskim , a will or trust is sufficient. Even according to the many poskim who disagree, there are techniques for ensuring that the bequests to the wife or daughter are not hala- chically considered yerusha and do not violate the Torah’s laws of inheritance. One should consult with a rabbi for guidance, as well as an attorney familiar with halachic estate planning, as there may be unintended legal and tax consequences to some forms of hala- chic estate planning. A 8 RE THERE ANY HALACHIC REQUIREMENTS PERTAINING TO THE CONTENTS OF A WILL? There is a rabbinic prohibition against disinheriting rightful yoreshim . At the very least, one should leave all yoreshim a signifi- cant asset. Some opinions suggest that even if one leaves his estate to all his children equally, he should leave something of signifi- cance exclusively to the halachic yoreshim . A 9 RE CHARITABLE INSTITUTIONS INCLUDED IN HALACHIC ESTATE PLANNING? There is a missva to give charitable bequests. Depending on the circumstances, however, the greatest charity may be ensuring the support and dignity of the surviving family members. W 10 HAT SHOULD SOMEONE DO IF A RELATIVE DIED WITHOUT A WILL? The need to take control of the assets often makes court involve- ment unavoidable. Nevertheless, a distribution should be done pursuant to an agreement supervised by a Bet Din so as to avoid halachic pitfalls. Any deviation from state law should be monitored by an attorney for potential unintended legal and tax ramifications. A peaceful settlement will be a zechut (merit) for the deceased’s neshama (soul). Shaul Elnadav is a wills, trusts and estates attorney with Vishnick McGovern Milizio LLP. Contact: selnadav@vmmlegal.com. Reviewed by Rabbi Shmuel Choueka of Congregation Ohel Simha in Long Branch, NJ. The Halachot and customs listed here are not presented in any particular order. These summaries represent a very brief overview of the subject matter to promote general awareness and encourage further study. As always, readers should consult their rabbi with specific queries. 82 COMMUNITY MAGAZINE