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dards of religious observance. A ceeds, a court proceeding may be which are not as restricted. The sec-
grandparent may be the closest rela- ond creates a contingent liability so
tive, but the grandparent may not required. A better approach would be that in the event that sons do not
share the religious observance adhere to the plan, there is an estate
desired by the parents, a factor not to designate the trust under the will liability to daughters that effectively
always understood by the courts. consumes the entire estate, thereby
for the benefit of the minor as the incentivizing the sons to adhere to
4. Protection of assets for the provisions. While not everyone
minors. Generally, a minor cannot contingent beneficiary. goes the extra step and executes a
receive assets from an estate. What 5. Halachic considerations. kinyan sudar or a shtar, there are
happens if a minor child or grand- those, including Rav Moshe
child is an heir, which can often hap- Often overlooked in this process are Feinstein, zt”l, who believe that the
pen when even one parent passes execution of a will can validate its
away without a will? Creating a trust the halachic considerations. This is provisions, even without the other
under a will for the benefit of a a matter on which one should con- formalities.
minor child or grandchild legatee
provides protection, management, sult their own rav. Generally, the What if there is no will, no shtar,
guidance, and direction that can be halachic yerusha process favors sons and no kinyan? Then the sons are
of invaluable benefit to the young (and more so a bechor) and unmar- the halachic heirs. If the heirs are
beneficiary. ried daughters (to the extent of one- minors, this can raise serious issues
of the right to property of a deceased
Note that one of the most com- tenth, for a wedding), and spouse for father, even if the mother survives.
mon errors found in estate planning The clear minimal answer is for
occurs when people with young fam- kesuba rights. Needless to say, the there to be a will, with a better
ilies purchase life insurance. They secular intestacy laws do not respect answer for there to be a shtar or
name their spouse as the primary kinyan as an adjunct to that will.
beneficiary and their children as the the halachic dictate. Of equal impor-
contingent beneficiaries. In order for tance is the established practice of 6. It is a segula for arichas
minor children to receive the pro- yamim!◆
providing for daughters. How is that
accomplished?
There are two separate ways in
which equal distribution for children
can be accomplished, either by
kinyan sudar or by shtar (a docu-
ment of indebtedness). The first
works by converting death gifts
(yerusha) to pre-death gifts (matana),
u 410 358 8509 u 65
grandparent may be the closest rela- ond creates a contingent liability so
tive, but the grandparent may not required. A better approach would be that in the event that sons do not
share the religious observance adhere to the plan, there is an estate
desired by the parents, a factor not to designate the trust under the will liability to daughters that effectively
always understood by the courts. consumes the entire estate, thereby
for the benefit of the minor as the incentivizing the sons to adhere to
4. Protection of assets for the provisions. While not everyone
minors. Generally, a minor cannot contingent beneficiary. goes the extra step and executes a
receive assets from an estate. What 5. Halachic considerations. kinyan sudar or a shtar, there are
happens if a minor child or grand- those, including Rav Moshe
child is an heir, which can often hap- Often overlooked in this process are Feinstein, zt”l, who believe that the
pen when even one parent passes execution of a will can validate its
away without a will? Creating a trust the halachic considerations. This is provisions, even without the other
under a will for the benefit of a a matter on which one should con- formalities.
minor child or grandchild legatee
provides protection, management, sult their own rav. Generally, the What if there is no will, no shtar,
guidance, and direction that can be halachic yerusha process favors sons and no kinyan? Then the sons are
of invaluable benefit to the young (and more so a bechor) and unmar- the halachic heirs. If the heirs are
beneficiary. ried daughters (to the extent of one- minors, this can raise serious issues
of the right to property of a deceased
Note that one of the most com- tenth, for a wedding), and spouse for father, even if the mother survives.
mon errors found in estate planning The clear minimal answer is for
occurs when people with young fam- kesuba rights. Needless to say, the there to be a will, with a better
ilies purchase life insurance. They secular intestacy laws do not respect answer for there to be a shtar or
name their spouse as the primary kinyan as an adjunct to that will.
beneficiary and their children as the the halachic dictate. Of equal impor-
contingent beneficiaries. In order for tance is the established practice of 6. It is a segula for arichas
minor children to receive the pro- yamim!◆
providing for daughters. How is that
accomplished?
There are two separate ways in
which equal distribution for children
can be accomplished, either by
kinyan sudar or by shtar (a docu-
ment of indebtedness). The first
works by converting death gifts
(yerusha) to pre-death gifts (matana),
u 410 358 8509 u 65
