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Estate Planning and Being Jewish: Is There A really Connection?
Estate Planning and being Jewish. So, you ask, is there really a connection? Of course. But, it may seem sensible first to address each of these sometimes-amorphous and elusive questions in the following order: What is estate planning and what's being Jewish? Okay, let's be real. check here don't think I can define for anybody what this means to be Jewish. Actually, even for myself, it seems to evolve at salient points in my own life.

Nevertheless, chances are that there is some typically common denominator that acts as a substrate to your being Jewish. And, it is this common substrate, despite our differing practices and observances, which influences many decisions during our lifetimes. And for the purpose of this article, the focus is our estate planning decisions.

To begin, it may seem sensible to first ask: "Do I have an estate?" Probably, "Yes." Don't be fooled by those infamous scenes on T.V. programs, or movies, where in fact the lawyer reads the Last Will and Testament of the deceased uncle to the surviving members of the family--each member on the edge of his/her seat wondering whether he/she was left the uncle's millions. In fact, often people think that estate planning is for solely somebody who owns multiple homes around the country and intends to leave multi-millions of dollars to his/her children, as well as to charity.

Yes, estate planning is essential for someone who has accumulated wealth following a lifetime of effort and desires to leave a legacy to his/her children (and perhaps charity). Such prudent steps are crucial to minimize exposure to probate costs along with minimize federal estate taxes, among other activities.

However, it is a gross misconception to trust that estate planning is designed solely because of this above scenario. The starting place for estate planning often begins with the following inquiry:

Are you experiencing children or grandchildren, own a home (or pay a home loan, which is a more accurate question), a car, jewelry, clubs, tools, a piano, a guitar, a small business, as an LLC or an S-Corp? If so, then you likely need an estate plan. As for the more serious question:

Do any of your children or grandchildren have special needs? If so, then it is probably that you'll require an estate plan.

So, you ask, an estate plan, what will this do for me? Peace of mind knowing that you have taken prudent steps to ensure that your family will be well cared for and not burdened with the trouble, frustration, and delay often associated when a person passes, or becomes incapacitated, without the estate plan in place. Your estate plan may be as simple as ensuring that your brother receives your '69 Camaro, your son receives your well looked after coin collection, and your daughter receives her great, great grandmother's solitaire gemstone your grandfather had given to her before he and she emigrated from Poland. Or, your estate plan could be more complex where you need to ensure that your special needs child will receive the property you have accumulated over a lifetime, as well as your investments, without threatening any government benefits your son or daughter will likely receive when he or she turns 18.

Next, then, the correct inquiry here is to ask: To what extent does being Jewish hook up to our estate planning objectives? It depends. It can't be ignored that Jews often define being Jewish on some sort of continuum, which includes, but is not any way limited by, Chassidism, Orthodox, Conservative, Reform, and Reconstructionist. And, within every one of these branches of Judaism, many synagogues vary in practice and observance. And, within every one of these synagogues, we each ultimately practice Judaism to what is singularly personal.

As such, for a few of us, it is unthinkable to operate a vehicle on Shabbat. For others, we usually do not even think twice about driving out to the Spectrum or Fashion Island to meet with friends and family for good food and fun on Friday nights. However, for these others, they might not fathom eating on Yom Kippur. And, yet, you can find those folks who always drink a cup of hot coffee on Yom Kippur morning, but may shun at those who eat cheese on a burger. Then, you can find those of us who will eat lobster, cheese burgers, and even pork, as long as it's done beyond your home, or at least on a paper plate when inside our own kitchen. American Giant Pants Review see where this is all going. Ultimately, being Jewish is personal. Personal on the macro level, meaning which branch of Judaism with which we identify ourselves, in addition to personal on the micro level. It really is these personal expectations and aspirations which frequently guide quite a few daily decisions. And, for the intended purpose of this short article: our estate planning decisions.

The starting point for many of us is halakha, which is Jewish law, that is highly complex. However, to paint a very simple picture for this article regarding this type of highly complex issue, strict observance with halakha may play out in the next manner: (I) the eldest son, not the daughter, inherits all the father's estate; (ii) the wife will not inherit, but rather receives a set amount as provided for in the ketubah, or she actually is supported by the estate until, and when, she remarries; (iii) an autopsy is forbidden; (iv) cremation is forbidden; (v) donating organs is forbidden; and (vi) end-of-life physician-assisted lethal dose of drugs is forbidden.

However, as discussed above, our practice and observance is quite personal. During life, in the sad event we should become terminally ill with no potential for recovery, California will soon permit physician assisted suicide with the new End of Life Option Act. Despite strict observance of halakha, there are lots of of us who believe that the finish of Life Option Act does not conflict with our own observance of Judaism. As such, we take the necessary steps to make certain such wishes are incorporated into our advance healthcare directive (generally known as power of attorney for healthcare decision). However, there are others who shun at this end-of-life-decision for being in direct contravention of halakha. But, these same others may deeply believe that it is a mitzvah to donate our organs when we pass. So, we take the necessary steps to ensure our organs are donated, whether for medical research and/or to be utilized by a person in need. Then, there are certainly others who never really anticipated our ketubah, or lack thereof, would perform the passing of our property to our surviving spouse. So, we intensify a trust to ensure our property will pass to our spouse who survives us, then when he/she passes, the rest of this property to be divided equally between our daughter and son, despite this not being the hierarchy set out in halakha.

Let's admit it. This short article is way too short to address such a complex issue here. And, when religion is involved, the problems often do become complex.

However, the salient point that has to not be ignored here's that planning our possible, yet unfortunate incapacity, along with our inevitable passing, should not be put on the back burner. And, as a Jew, such decisions tend to be guided by both our religious and secular beliefs, which are often so intertwined with one another, sometimes competing and sometimes working harmoniously.

Either way, there is no place for judgment here, by ourselves or by others. Our purpose for making these estate planning decisions is rooted in something very personal to us. In fact, sitting down having an attorney, contemplating, and taking the prudent steps of how us will be looked after following our passing could be one of the most profound decisions completed during our lifetimes.

Scott Feig is an estate law attorney at FEIG LAWYER in Irvine. He also serves on a number of legislative boards in Orange County, California. Scott also holds a master's degree in English and writes often about various legal topics.
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