Comments on: A Secular Will Recognized By Halacha https://anash.org/a-secular-will-recognized-by-halacha/?utm_source=rss&utm_medium=rss&utm_campaign=a-secular-will-recognized-by-halacha News, Views, Inspiration Wed, 30 Oct 2019 22:31:15 +0000 hourly 1 By: Shoshana https://anash.org/a-secular-will-recognized-by-halacha/#comment-330 Wed, 30 Oct 2019 13:04:36 +0000 https://anash.org/?p=68866#comment-330 This shtar always seemed odd to me. The “debt” is a fake debt. There is no debt, it is a symbolic debt. Seems like posturing to me. Either follow the Halacha scrupulously in the will, or consider other estate planning options, such as creating lifetime irrevocable trusts that hold the majority of the assets. At least the trust is an actual transfer, not a fake gift. And the trust is not being created to circumvent Halacha. People create trusts for lots of other reasons.

A jointly owned asset with right of survivorship does not enter one’s estate. The very nature of the title means that both owners own the whole asset together and when either owner dies, the entire asset belongs immediately to the survivor. Said joint owner cannot leave their ‘share’ to anyone in their will, whether halachic beneficiary or not. There is no proprietary interest to leave, it is gone upon death. Is the article questioning whether it is halachically permissible to own a house with one’s spouse, as joint owners with right of survivorship?
I have not accessed the recommended reading and sources referenced in the article, the above are thoughts based on the article.

]]> By: CBA https://anash.org/a-secular-will-recognized-by-halacha/#comment-328 Wed, 30 Oct 2019 05:14:34 +0000 https://anash.org/?p=68866#comment-328 What if the parents already passed away, leaving secular wills? Do the daughters have to pay back the sons who should
have gotten the money or property?

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