Estate Planning and Being Jewish: Is There Really a Connection?
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Estate Planning and being Jewish. So, you ask, is there really a connection? Of course. But, it may make sense first to address each of these sometimes-amorphous and elusive questions in the following order: What is estate planning and what is being Jewish? Okay, let’s be real. I don’t think I can define for anyone what it means to be Jewish. In fact, even for myself, it seems to evolve at salient points in my life.
Nevertheless, it is likely that there is some common denominator that acts as a substrate to our 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 make sense to first ask: “Do I have an estate?” Most likely, “Yes.” Don’t be fooled by those infamous scenes on T.V. programs, or movies, where 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 believe that estate planning is for solely someone 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 crucial for someone who has accumulated wealth after a lifetime of hard work and desires to leave a legacy to his/her children (and possibly charity). Such prudent steps are crucial to minimize exposure to probate costs as well as minimize federal estate taxes, among other things.
However, it is a gross misconception to believe that estate planning is designed solely for this above scenario. The starting point for estate planning often begins with the following inquiry:
Do you have children or grandchildren, own a home (or pay a mortgage, which is a more accurate question), a car, jewelry, golf clubs, tools, a piano, a guitar, a business, like 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 more than likely that you need 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 expense, frustration, and delay often associated when a person passes, or becomes incapacitated, without any 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 cared for coin collection, and your daughter receives her great, great grandmother’s solitaire engagement ring that your grandfather had given to her before he and she emigrated from Poland. Or, your estate plan may be more complex where you want 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 child will likely receive when he or she turns 18.
Next, then, the appropriate inquiry here is to ask: To what extent does being Jewish connect to our estate planning objectives? It depends. It cannot be ignored that Jews often define being Jewish on some sort of continuum, which includes, but is no way limited to, 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 some of us, it is unthinkable to drive on Shabbat. For others, we do not even think twice about driving out to the Spectrum or Fashion Island to meet up with family and friends for good food and fun on Friday nights. However, for these others, they could not fathom eating on Yom Kippur. And, yet, there are those of us who always drink a cup of hot coffee on Yom Kippur morning, but may shun at those who eat cheese on a burger. Then, there are those of us who will eat lobster, cheese burgers, and even pork, so long as it’s done outside the home, or at least on a paper plate when inside our own kitchen. You see where this is all going. In the end, being Jewish is personal. Personal on the macro level, meaning which branch of Judaism with which we identify ourselves, as well as personal on the micro level. It is these personal expectations and aspirations which often guide many of our daily decisions. And, for the purpose of this article: our estate planning decisions.
The starting point for many of us is halakha, which is Jewish law, which is very complex. However, to paint a very simple picture for this article regarding such a very complex issue, strict observance with halakha may play out in the following manner: (I) the eldest son, not the daughter, inherits all of the father’s estate; (ii) the wife does not inherit, but rather receives a fixed amount as provided for in the ketubah, or she is supported by the estate until, and if, 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 very personal. During life, in the very sad event we should become terminally ill with no chance of recovery, California will soon permit physician assisted suicide with the new End of Life Option Act. Despite strict observance of halakha, there are many of us who believe that the End of Life Option Act does not conflict with our own observance of Judaism. As such, we take the necessary steps to ensure that such wishes are incorporated into our advance health care directive (also known as power of attorney for health care decision). However, there are others who would shun at such an 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 used by a person in need. Then, there are others who never really anticipated that our ketubah, or lack thereof, would carry out the passing of our property to our surviving spouse. So, we step up a trust to ensure that all of our property will pass to our spouse who survives us, then when he/she passes, the remainder of that 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 article is way too short to address such a complex issue here. And, when religion is involved, the issues often do become complex.
However, the salient point that must not be ignored here is that planning for our possible, yet unfortunate incapacity, as well as our inevitable passing, should not be put on the back burner. And, as a Jew, such decisions are often guided by both our religious and secular beliefs, which are often so intertwined with each other, 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 with an attorney, contemplating, and taking the prudent steps of how our family will be cared for following our passing may be one of the most profound decisions carried out during our lifetimes.
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Source by Scott Feig, Esq
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