halachic wills | Imamother

Rodent

Wed, Dec 01 2010, 9:34 pm

yummymummy wrote:

freidasima wrote:

But Halachic wills from what I understand actually go against many things that we in the western world consider normal.
For example, in a halachic will a wife does not inherit anything more than her own personal possessions and the right to live in a husband's house for the rest of her life. All the assets, real estate other than the house and other equity go to the sons with the oldest sons getting a double portion.
Is that really what we want? Do we want a widow to be dependent upon her sons? Do we want strife between our boys so that the bechor who may not need more gets double (the idea being that he support the mother)?

A woman works her whole life together with her husband but the assets are in his name, what exactly is she supposed to live on during the rest of her lifetime? Her own social security and that's it?

I don't get it. If there is anything here in EY that they are against in courts it is that. When a man dies without a will the boys inherit (halachic law in secular courts in certain subjctes) and then in most families the kids go to court and give over the yerusha to their mother anyhow. Why not just make a normal will and that's that?

MimiMommy, can you clarify, I thought a halachic will is actually the exact opposite of what freidasima wrote above. It allows you to divide up your assets as you see fit and not based on the halachic order. I thought this was accomplished by stating that before the individual dies he is giving his assets to XYZ so there is technically no inheritance that needs to be divided in accordance with halacha. Is this the type of will you are referring to?

This is my understanding. A halachic will retroactively gives things away (say 5 minutes before you died you gave everything away, so there is nothing to divide upon death as that would have had to have gone to sons only, double portion to eldest etc). A halachic will enables you to divide property as you see fit, equally between boys and girls, giving to wife etc. That is why a halachic will is so important. With only a regular will there is the set order of dividing property. If someone leaves a regular will and the wife takes whatever is 'legally' given to her she is effectively stealing it from her sons that were the halachic heirs. It is very problematic.

JAWSCIENCE

Wed, Dec 01 2010, 10:19 pm

mha3484 wrote:

It is really important for everyone to have a power of attorney for both finances and healthcare regardless of whether or not you have children. If C"VS something happens your designated proxy can pay your bills etc. without having to go through a huge ordeal with judges and lawyers etc.

I was talking about a will for distribution of property after someone C"V passes away. Not a living will for health care purposes or power of attorney which are used while someone is still alive but incapacitated.