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Halacha in yerusha



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amother
OP


 

Post Wed, Aug 25 2021, 4:08 pm
We lost our father. We need help navigating finances for my mom and knowing if and how to divide up money and properties while mom is around and wants to be in control. Looking for a smart knowledgeable person that knows Halacha as well as financial planning. Can anybody suggest somebody? Any tips or ideas on how to handle this situation.
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amother
Lily


 

Post Wed, Aug 25 2021, 4:53 pm
Where are you located ?

Estate laws specifically in some states really make a difference depending on how large their assets are.
A frum estate lawyer can be a good person.
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amother
OP


 

Post Wed, Aug 25 2021, 5:25 pm
We live in New York and New Jersey. I also need help with the halachos of yerusha. Do the boys get all the money? What about the girls? And what about mom?
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PinkFridge




 
 
    
 

Post Wed, Aug 25 2021, 6:45 pm
You need to talk to a rav and an elder care attorney. There are some halachos re pi shanayim but everyone should get something. You really need to speak to an attorney thought to make sure your mother is situated as well as she can be. Taking care of your mother - putting the house in trust, etc. - is paramount. Unfortunately, not everyone ends up with a yerusha.
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amother
Tangerine


 

Post Wed, Aug 25 2021, 6:49 pm
Not to discourage you, but, you may end up with major squabbles among even the most united families. Some members, (or their spouses) can get VERY tough, when it comes to money and Yerusha. Sorry for the loss of your father. Your main goal is to be there for your mother.
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PinkFridge




 
 
    
 

Post Wed, Aug 25 2021, 6:54 pm
amother [ Tangerine ] wrote:
Not to discourage you, but, you may end up with major squabbles among even the most united families. Some members, (or their spouses) can get VERY tough, when it comes to money and Yerusha. Sorry for the loss of your father. Your main goal is to be there for your mother.


Yes. Daven for sholom. It is possible.
And OP so sorry for the loss of your father. Hatzlacha with all that's ensuing.
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doodlesmom




 
 
    
 

Post Wed, Aug 25 2021, 7:01 pm
Unfortunately you are a bit late in the game. These things are best dealt with before. This can save you lots in taxes and aggravation.
Get someone who knows halachaas well as legal financial info.
Halachically if there is no will, only boys yarshen and a bechor gets a double amount.
Ie if there are 5 boys, the property gets divided in 6 and bechor gets double.
The way for girls to get in on the yerusha is to charge for their signature that the boys will need legally to get the money.
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SYA




 
 
    
 

Post Wed, Aug 25 2021, 7:06 pm
The money is supposed to first go to your mother for her to live comfortably. That’s before any talk of yerusha. Please get a lawyer who will create an estate to protect your mother. A Frum lawyer can make it valid legally and halachically.

I know some people who did this recently
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#BestBubby




 
 
    
 

Post Wed, Aug 25 2021, 7:06 pm
Disclaimer: Not a Local Orthodox Rabbi

To my knowledge, while a widow does not "inherit", a widow comes FIRST
with regards to living in the style she was accustomed during her marriage,
until 120 OR widow remarries.

That means your Mother may continue to live in the house, take yearly vacations
if that was her lifestyle, etc.

So the "heirs" often don't inherit until after Mother's death - unless there is a LOT of $$$.
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amother
Scarlet


 

Post Wed, Aug 25 2021, 7:14 pm
OP, I'm sorry for your loss.

You want to find a lawyer who's admitted in the state where your father was living, because that's the state where his assets will be administered.

Definitely speak to a rav, it's possible there are halachic work-arounds, especially for your mom, and especially involving the house (allowing her to live there).

But first question, are you positive that your father's name was on everything alone? Iow, nothing was held jointly between your parents? Anything held jointly, your mom would own outright on his death. I don't think there are any halachic issues with that at all.

Even if he held everything in his own name, he might have filled out a Transfer on Death form that names a beneficiary for some bank or brokerage accounts, and not told anyone. You can find out by contacting the banks with a death certificate.

Perhaps your mom is listed as a beneficiary on retirement accounts?
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amother
OP


 

Post Wed, Aug 25 2021, 7:23 pm
Thank you all
There are the legalities and also the Halacha yerusha stuff to take into account.
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amother
Tomato


 

Post Wed, Aug 25 2021, 7:31 pm
The time to do all this planning is before death. I guess now you can help your mother plan for her final wishes and such.
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