The Omitted Spouse: New Estate Planning Techniques for Jewish Clients

Abstract

There are approximately six million people in the U.S. who consider themselves Jewish. Therefore, it is likely that an urban estate planner will encounter a client who wants their will to comply with Jewish law. This Article traces the evolution of the Jewish law of inheritance and surviving spouse protections (statutory dower, elective share, and community property). Next, it evaluates currents estate planning strategies that attempt to comply with both secular and Jewish law, and demonstrates how these techniques are susceptible to being thwarted by surviving spouse protections. This Article provides new techniques that are less vulnerable.

Keywords: estate, will, law, jewish law, halakha, planning, dower, elective share, inheritance, surviving spouse