Inheritance | Imamother

Tablepoetry

Mon, Jul 14 2014, 1:37 am

doodlesmom wrote:

As far as I am aware there is a loophole, that since for legal purposes the girls have a share, and they would need to legally sign away their share, they can ask for a certain amount of money in exchange of their signature, usually according to the amount of the inheritance.

In the Israeli beit din, I've seen them just automatically divide it equally among the siblings, with no prerequisite convoluted signatures required.

amother

Mon, Jul 14 2014, 8:09 am

amother wrote:

Dh's inheritance was split equally with all siblings including girls. There was no halachic will or regular will.

Exactly. You don't need a halachic will. Exploding anger

33055

Mon, Jul 14 2014, 10:52 am

Tablepoetry wrote:

In the Israeli beit din, I've seen them just automatically divide it equally among the siblings, with no prerequisite convoluted signatures required.

I can't speak about the Israeli BD as I have no knowledge of it. According to what I understand from the Rabbi I spoke with at a local BD, there is no precedent like in secular law in a BD, however, unless there is a halachic will in place the BD can order a different distribution than NY State to the detriment to the females.

Furthermore, at least where I live it is advised to have a halachic will in place because the default distribution will be ordered in the BD. The BD is limited in how they can enforce their decrees.

The convoluted signatures they may be referring to is a document called a waiver of citation. This makes probate in the state court easier. Not having the document signed does not prevent probate.

33055

Mon, Jul 14 2014, 10:59 am

amother wrote:

Exactly. You don't need a halachic will. Exploding anger

Please don't take advice from this amother add it is clear to me she is not knowledgeable about this topic.

You should consult your local BD if you live in the type of community where the beneficiaries may go to the BD especially if you have a sizable estate.

According to the Rabbi I spoke with, he is extremely busy with these types of matters.

Notice I said the type of community. People naively relied on the type of family they have to their detriment. The BD and the courts are full of conflicts where people thought they were immune.

sky

Mon, Jul 14 2014, 11:04 am

Squishy wrote:

I was told the same by a rav on a beis din in America.
I was told that it is important to have a halachic will as the beis din has to distribute based on halacha without it.

I know too many families that no longer speak to each other and are so fractured because of inheritances (even in families with no sons).

malkacooks

Mon, Jul 14 2014, 12:23 pm

so back to op's original question does anyone know of someone who distributed the will accoding to halacha?

I certainly dont. I asked my sister who is a frum lawyer if she knows of anyone who has (she lives oot though) and she said she's never seen one and she works with many YI type people

33055

Mon, Jul 14 2014, 2:36 pm

malkacooks wrote:

Yes. YI types would not be the crowd that does this. They also would not have a female drafting the will so it is no wonder she is unfamiliar with it.