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	<title>Comments for Jewish Legal Perspectives</title>
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	<link>http://jlperspectives.org</link>
	<description>At the intersection of Law and Judaism</description>
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		<title>Comment on Estate Planning, Halacha and the Jewish Law of Inheritance by Shimmy Blumenthal</title>
		<link>http://jlperspectives.org/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance/#comment-172</link>
		<dc:creator><![CDATA[Shimmy Blumenthal]]></dc:creator>
		<pubDate>Thu, 22 Mar 2012 19:19:16 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.wordpress.com/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance#comment-172</guid>
		<description><![CDATA[If the halachic yoresh says that the decedent verbally told them during his lifetime that his intention is to give them a house, for example, and the lawyer notes have the same intention, that would be enough for a dayan to give them the house?]]></description>
		<content:encoded><![CDATA[<p>If the halachic yoresh says that the decedent verbally told them during his lifetime that his intention is to give them a house, for example, and the lawyer notes have the same intention, that would be enough for a dayan to give them the house?</p>
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		<title>Comment on Estate Planning, Halacha and the Jewish Law of Inheritance by Shaul Elnadav</title>
		<link>http://jlperspectives.org/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance/#comment-171</link>
		<dc:creator><![CDATA[Shaul Elnadav]]></dc:creator>
		<pubDate>Thu, 22 Mar 2012 19:12:47 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.wordpress.com/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance#comment-171</guid>
		<description><![CDATA[It&#039;s not simply a matter of knowing the decedent&#039;s intentions.  &quot;Mitzvah lekayem divrei hamet&quot; is generally understood to require that the decedent, during his lifetime, expressly instruct a yoresh or a third party in possession of the asset to transfer the property to someone else.  If the only discussion was with the lawyer, this hasn&#039;t been satisfied.

I believe verbal instructions would be acceptable.  I&#039;m not sure if each yoresh needs to be instructed.  For practical reasons, you&#039;d never create an estate plan that relied on verbal instructions or on halachic principles that are not aligned with secular law.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s not simply a matter of knowing the decedent&#8217;s intentions.  &#8220;Mitzvah lekayem divrei hamet&#8221; is generally understood to require that the decedent, during his lifetime, expressly instruct a yoresh or a third party in possession of the asset to transfer the property to someone else.  If the only discussion was with the lawyer, this hasn&#8217;t been satisfied.</p>
<p>I believe verbal instructions would be acceptable.  I&#8217;m not sure if each yoresh needs to be instructed.  For practical reasons, you&#8217;d never create an estate plan that relied on verbal instructions or on halachic principles that are not aligned with secular law.</p>
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		<title>Comment on Estate Planning, Halacha and the Jewish Law of Inheritance by Shimmy Blumenthal</title>
		<link>http://jlperspectives.org/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance/#comment-170</link>
		<dc:creator><![CDATA[Shimmy Blumenthal]]></dc:creator>
		<pubDate>Thu, 22 Mar 2012 18:52:07 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.wordpress.com/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance#comment-170</guid>
		<description><![CDATA[When you write, &quot;no one but the lawyer knew the decedent’s intentions&quot;, when we read the notes that the lawyer typed up is that good enough to now know the decedent&#039;s intentions? 

What does, &quot;the directions are given to the halachic yoresh&quot; mean? Does this mean verbally? What if there is more than one yoresh?]]></description>
		<content:encoded><![CDATA[<p>When you write, &#8220;no one but the lawyer knew the decedent’s intentions&#8221;, when we read the notes that the lawyer typed up is that good enough to now know the decedent&#8217;s intentions? </p>
<p>What does, &#8220;the directions are given to the halachic yoresh&#8221; mean? Does this mean verbally? What if there is more than one yoresh?</p>
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		<title>Comment on Estate Planning, Halacha and the Jewish Law of Inheritance by Shaul Elnadav</title>
		<link>http://jlperspectives.org/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance/#comment-169</link>
		<dc:creator><![CDATA[Shaul Elnadav]]></dc:creator>
		<pubDate>Thu, 22 Mar 2012 18:18:25 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.wordpress.com/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance#comment-169</guid>
		<description><![CDATA[My response is for discussion purposes only.  You should obviously consult with a posek (which I am not).  Email me privately (&lt;a href=&quot;mailto:SE@Elnadavlaw.com&quot; rel=&quot;nofollow&quot;&gt;SE@Elnadavlaw.com&lt;/a&gt;) if you wish to be put in touch with a dayan I have consulted with in the past on issues of yerusha.

In terms of Halacha, there are several issues.  First, although there is an important minority opinion that a will is an effective transfer document, this is obviously not the case where a will was discussed but never executed.  

&quot;Mitzvah lekayem divrei hamet&quot; can sometimes play a role.  There are different opinions as to when the doctrine applies, but in general, a decedent&#039;s express directions are binding only if he or she transfers the subject property to a third party with such directions, or if the directions are given to the halachic yoresh.  Neither seem applicable here.  It appears from the question that no one but the lawyer knew the decedent&#039;s intentions.  If so, the decedent never gave specific instructions during his/her lifetime to a third party in possession or to his or her halachic heirs.

Kibud av may play a role, but there are limitations, and the obligation, even where it applies, is usually not enforceable.]]></description>
		<content:encoded><![CDATA[<p>My response is for discussion purposes only.  You should obviously consult with a posek (which I am not).  Email me privately (<a href="mailto:SE@Elnadavlaw.com" rel="nofollow">SE@Elnadavlaw.com</a>) if you wish to be put in touch with a dayan I have consulted with in the past on issues of yerusha.</p>
<p>In terms of Halacha, there are several issues.  First, although there is an important minority opinion that a will is an effective transfer document, this is obviously not the case where a will was discussed but never executed.  </p>
<p>&#8220;Mitzvah lekayem divrei hamet&#8221; can sometimes play a role.  There are different opinions as to when the doctrine applies, but in general, a decedent&#8217;s express directions are binding only if he or she transfers the subject property to a third party with such directions, or if the directions are given to the halachic yoresh.  Neither seem applicable here.  It appears from the question that no one but the lawyer knew the decedent&#8217;s intentions.  If so, the decedent never gave specific instructions during his/her lifetime to a third party in possession or to his or her halachic heirs.</p>
<p>Kibud av may play a role, but there are limitations, and the obligation, even where it applies, is usually not enforceable.</p>
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		<title>Comment on Estate Planning, Halacha and the Jewish Law of Inheritance by Shimmy Blumenthal</title>
		<link>http://jlperspectives.org/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance/#comment-168</link>
		<dc:creator><![CDATA[Shimmy Blumenthal]]></dc:creator>
		<pubDate>Thu, 22 Mar 2012 16:35:29 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.wordpress.com/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance#comment-168</guid>
		<description><![CDATA[A person had a meeting with a lawyer about how some of his assets should be distributed at time of death, The lawyer took handwritten notes. The person died without having any other meetings with this lawyer. According to Halacha, If the lawyer types up these notes and signs them stating that they were told to him, do any of the distributions mentioned in the notes have validity or are they disregarded completely?]]></description>
		<content:encoded><![CDATA[<p>A person had a meeting with a lawyer about how some of his assets should be distributed at time of death, The lawyer took handwritten notes. The person died without having any other meetings with this lawyer. According to Halacha, If the lawyer types up these notes and signs them stating that they were told to him, do any of the distributions mentioned in the notes have validity or are they disregarded completely?</p>
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		<title>Comment on Fundamentals of Mesirah by Moshe H.</title>
		<link>http://jlperspectives.org/2012/01/19/fundamentals-of-mesirah/#comment-163</link>
		<dc:creator><![CDATA[Moshe H.]]></dc:creator>
		<pubDate>Mon, 13 Feb 2012 20:02:21 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.org/?p=523#comment-163</guid>
		<description><![CDATA[Thank you for consistently providing extremely interesting articles on the interplay of halachic and secular law!]]></description>
		<content:encoded><![CDATA[<p>Thank you for consistently providing extremely interesting articles on the interplay of halachic and secular law!</p>
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		<title>Comment on Estate Planning, Halacha and the Jewish Law of Inheritance by Halachic perspective on the Estate of Max Feinberg &#124; Jewish Legal Perspectives</title>
		<link>http://jlperspectives.org/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance/#comment-122</link>
		<dc:creator><![CDATA[Halachic perspective on the Estate of Max Feinberg &#124; Jewish Legal Perspectives]]></dc:creator>
		<pubDate>Tue, 17 Jan 2012 19:55:36 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.wordpress.com/2010/01/15/estate-planning-halacha-and-the-jewish-law-of-inheritance#comment-122</guid>
		<description><![CDATA[[...] scheme is halachically problematic, whether or not the will is accompanied by a binding halachic note of indebtedness.  Advertisement  GA_googleAddAttr(&quot;AdOpt&quot;, &quot;1&quot;); GA_googleAddAttr(&quot;Origin&quot;, &quot;other&quot;); [...]]]></description>
		<content:encoded><![CDATA[<p>[...] scheme is halachically problematic, whether or not the will is accompanied by a binding halachic note of indebtedness.  Advertisement  GA_googleAddAttr(&quot;AdOpt&quot;, &quot;1&quot;); GA_googleAddAttr(&quot;Origin&quot;, &quot;other&quot;); [...]</p>
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		<title>Comment on Appellate Court Affirms Decision Allowing Disinterment by George E. Bourguignon, Jr.</title>
		<link>http://jlperspectives.org/2011/04/08/appellate-court-affirms-decision-allowing-disinterment/#comment-113</link>
		<dc:creator><![CDATA[George E. Bourguignon, Jr.]]></dc:creator>
		<pubDate>Fri, 18 Nov 2011 03:19:10 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.org/?p=395#comment-113</guid>
		<description><![CDATA[I am glad to see a blog dedicated to the intersection of the secular law and a great faith.]]></description>
		<content:encoded><![CDATA[<p>I am glad to see a blog dedicated to the intersection of the secular law and a great faith.</p>
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		<title>Comment on Appellate Court Affirms Decision Allowing Disinterment by George E. Bourguignon, Jr.</title>
		<link>http://jlperspectives.org/2011/04/08/appellate-court-affirms-decision-allowing-disinterment/#comment-112</link>
		<dc:creator><![CDATA[George E. Bourguignon, Jr.]]></dc:creator>
		<pubDate>Fri, 18 Nov 2011 03:18:14 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.org/?p=395#comment-112</guid>
		<description><![CDATA[Disinterment is quite an odd act in general.  It is too bad that this conflict occurred.  &quot;Non-denominational&quot; is denominational, it isn&#039;t (anything) and that makes it something.]]></description>
		<content:encoded><![CDATA[<p>Disinterment is quite an odd act in general.  It is too bad that this conflict occurred.  &#8220;Non-denominational&#8221; is denominational, it isn&#8217;t (anything) and that makes it something.</p>
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		<title>Comment on What is the Torah&#8217;s Economy? (Election Day Post) by Dan Brook</title>
		<link>http://jlperspectives.org/2010/11/02/what-is-the-torahs-economy-election-day-post/#comment-109</link>
		<dc:creator><![CDATA[Dan Brook]]></dc:creator>
		<pubDate>Tue, 20 Sep 2011 23:28:57 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.org/?p=283#comment-109</guid>
		<description><![CDATA[This is a fascinating article and I very much appreciate it and its scholarly, rational, and Jewish approach.

I would say, however, that there are many forms of both capitalism and socialism, and many combinations of them as well, yet they&#039;re each treated as if monolithic.

What about a Scandinavian social democracy model (i.e., private property, strong unions, high taxation, strong welfare state, universal healthcare, free education, etc.)? Is that what you think the Torah and Talmud is prescribing?]]></description>
		<content:encoded><![CDATA[<p>This is a fascinating article and I very much appreciate it and its scholarly, rational, and Jewish approach.</p>
<p>I would say, however, that there are many forms of both capitalism and socialism, and many combinations of them as well, yet they&#8217;re each treated as if monolithic.</p>
<p>What about a Scandinavian social democracy model (i.e., private property, strong unions, high taxation, strong welfare state, universal healthcare, free education, etc.)? Is that what you think the Torah and Talmud is prescribing?</p>
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		<title>Comment on Holocaust Insurance Accountability Act of 2010 by Rex</title>
		<link>http://jlperspectives.org/2010/02/12/holocaust-insurance-accountability-act-of-2010/#comment-107</link>
		<dc:creator><![CDATA[Rex]]></dc:creator>
		<pubDate>Tue, 28 Jun 2011 14:26:02 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.wordpress.com/2010/02/12/holocaust-insurance-accountability-act-of-2010#comment-107</guid>
		<description><![CDATA[Please help to get HR890 and SR466 passed. Don&#039;t allow the insurance company lobby to defeat this bill AGAIN.
Follow the sponsors and co sponsors of these bills and email call and write your representatives.]]></description>
		<content:encoded><![CDATA[<p>Please help to get HR890 and SR466 passed. Don&#8217;t allow the insurance company lobby to defeat this bill AGAIN.<br />
Follow the sponsors and co sponsors of these bills and email call and write your representatives.</p>
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		<title>Comment on Appellate Court Affirms Decision Allowing Disinterment by Court allows non-Jewish widow to transfer body of Jewish husband to non-Jewish cemetery &#124; Jewish Legal Perspectives</title>
		<link>http://jlperspectives.org/2011/04/08/appellate-court-affirms-decision-allowing-disinterment/#comment-100</link>
		<dc:creator><![CDATA[Court allows non-Jewish widow to transfer body of Jewish husband to non-Jewish cemetery &#124; Jewish Legal Perspectives]]></dc:creator>
		<pubDate>Fri, 08 Apr 2011 14:14:35 +0000</pubDate>
		<guid isPermaLink="false">http://jlperspectives.org/?p=395#comment-100</guid>
		<description><![CDATA[[...] Update 4/8/11 &#8212; the decision was affirmed on appeal.  Our follow-up post can be read here. [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Update 4/8/11 &#8212; the decision was affirmed on appeal.  Our follow-up post can be read here. [...]</p>
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