New York – In Spain there is a law that a child cannot be disinherited. In the United States, of course, anything goes. What does Jewish law say about it?
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Today’s Daf (Bava Basra 133b) discusses such a case in the Mishna and it tells us that although transferring money away from one’s heirs is legal and effective, the spirit of the sages are not pleased with such a person. This is true even if the children may not be behaving properly (See Shulchan Aruch Choshain Mishpat 282:1). The quasi-prohibition is called “Ivurei Achsantah.”
There is a debate, however, as to when this applies, exactly.
According to the Knesses haGedolah if he is giving it as a gift to another party and he does so while he is still healthy and not dying – his is perfectly acceptable. Indeed, the Knesses hagedolah writes that this is common practice (it is likely that most of our readers would like to find out where this common practice is and how they can get in on the action).
The responsa work entitled “Zera Emes” (Vol. II Siman 110) disagrees with the Knesses haGedolah and considers it the same prohibition, whether it was done as a gift earlier on or near death.
It is important to know that the study, practice ,and knowledge of Torah law purifies the Neshama and elevates us to a higher plane.
Some have questioned whether it is appropriate to compare what the Torah law is to what the secular law writes. It can be argued that one good way in which to hone in on the exact nature of Torah law is precisely by contrasting it to secular legal systems.
In this instance, the Spanish law is too extreme, while American law is too lenient. Although Torah law is in a different framework altogether – it can be instructive to see and examine differences so that we can hone in on our precious birthright a little bit better.
Actually, there is no one law about inheritance in the united states. There are 50 different state laws. In almost every state, a parent cannot disinherit a minor child. Generally, the parent’s estate must first be applied to the care of minor children even if there is a will giving the assets to someone else.
True but in every state a parent can disinherit an adult child – that is probably what Rabbi Hoffman meant.
For the record, Spain isn’t the only country where it is illegal to disinherit a child. Interesting to note, that some states (e. g. Florida) even prohibit disinheriting a child if the child is not financially stable, which is I would venture to say is some sort of takeoff off our “mezonos”. .
I would like to know the proper halachic way to disinherit some of my children including the eldest son and leaving everything to the younger children. All advice appreciated.
In general, one should set up a living trust and fund it by transferring assets into the Trust’s separate brokerage account. The Trust document is your written wish for the distribution of the assets upon passing. The Trust set up like so is almost impossible to dispute in Court, unlike a will which is easily contestable in Probate Court. Good luck.