Here at 59Law.com, we offer a singular solution for Jewish families who are facing inheritance and estate issues and need representation both in Beis Din (Jewish court) and in New York’s secular court. Whether you are planning an estate, contesting a will, or seeking clarity on your rights as an heir, our firm provides a seamless legal experience rooted in both Halachic sources and state law. Unlike most firms, we serve not only as secular attorneys but also as to’anim (advocates) in Beis Din, allowing you to work with one trusted team from start to finish.
Understanding Inheritance Through Halacha and Civil Law
In Jewish tradition, inheritance is not just a matter of property; it’s a mitzvah, governed by detailed rules found in Choshen Mishpat (sections 276–290 of the Shulchan Aruch) and discussed extensively by the Rambam in Hilchot Nachalot. The Torah-prescribed order of succession does not always align with New York State’s probate code. This divergence can lead to confusion, tension, and even litigation among family members.
Halachic inheritance law typically follows this pattern:
- Sons inherit before daughters.
- The firstborn son may receive a double portion (Devarim 21:17).
- Spouses do not inherit unless specified in a will.
- Adopted children do not inherit by default under Halacha.
By contrast, New York civil law allows for:
- Equal distribution among children regardless of gender or birth order.
- Spousal inheritance rights.
- Legal adoption conferring full inheritance rights.
If an estate is not carefully planned with both systems in mind, it can result in a secular will that contradicts Halachic intent, leading to costly disputes in Beis Din and court. At 59Law.com, we craft estate plans and litigate disputes with full awareness of both legal systems, ensuring outcomes that respect the values and rights of all parties involved.
Common Inheritance Challenges We Address
Inheritance is rarely just about assets—it’s about relationships, expectations, and legacy. We guide our clients through complex issues such as:
- Disputes Between Halachic and Civil Wills: Many Jewish clients write a secular will without understanding that it may conflict with Halachic norms. For instance, leaving an estate equally to sons and daughters may be legally valid in civil court but challenged in Beis Din. We help clients draft Halachically valid wills (including shtar tzava’ah) that also satisfy New York requirements.
- Contesting or Defending a Will in Beis Din or Civil Court: When a will is disputed, questions often arise about the testator’s intent, capacity, or whether it was Halachically valid. We can represent clients in Beis Din proceedings, drawing on sources like the Rema and Teshuvot HaRashba to uphold or challenge will provisions, and we can also defend your rights in probate court.
- Disinherited Children or Unequal Distribution: Under Halacha, unequal distribution must be clearly documented and justified. We advise clients on how to handle these delicate situations in a way that will hold up in both legal systems, and stand up to scrutiny by family members and rabbinic authorities.
- Heirship Rights in Complex Families: Blended families, adoptions, and stepchildren raise intricate questions. Jewish law does not automatically grant inheritance to non-biological children, while secular law often does. We help families address these discrepancies respectfully and lawfully, often turning to the Radvaz or Chazon Ish for guidance.
What to Expect When Facing an Inheritance Dispute in Beis Din
If an inheritance matter is brought before Beis Din, expect a highly structured yet flexible process rooted in Halachic precedent. The Beis Din will typically:
- Review the validity of any wills, both secular and Halachic.
- Examine the claims of each heir based on Torah law and precedent (e.g., Shulchan Aruch, CM 276).
- Attempt resolution through peshara (compromise), if appropriate.
- Issue a ruling that may then need to be enforced through a civil judgment if assets are tied to non-Halachic legal instruments.
We guide our clients through each step, translating legal terminology, advocating effectively, and ensuring all required documentation is prepared for both systems.
Contact Us for Beis Din Representation in Inheritance & Estate Disputes
59Law.com is more than a law firm; we are a trusted partner to Jewish families navigating one of life’s most sensitive legal challenges. When your family’s future is at stake, trust a team that understands not only the law, but your values. If you’re facing an estate dispute or planning your legacy, reach out to us today.
