Question:
Hi. I have a question about yerusha of mother/wife. Scenario: most properties etc of the parents are in both of their names. There are also two properties of which one is solely in father’s name and the other solely in the mother’s. Father passed away without a will. Can the mother make a secular will in addition to one al pi Halocho(as gift just before 120) and also make condition that the male children only get from hers if they agree to divide all equally with the female children, using her properties and part properties as leverage? Would this hold up in Bes Din? Would it be enough to be in her name , for her to pass on inheritance?
Answer:
In general she can make such a stipulation if she wants. The way a halachic living will works is that the money and assets are given away to whoever the person wants as a present right before the person departs. The person can condition this present with any condition that they want.
Regarding the actual ownership of the properties that were in the fathers name and the one’s in both of their names, halachically may depend on how the property was acquired, but if the properties are indeed halachically owned by the mother, she can make such a stipulation and it is would be binding in a Beis Din. As a side point, a halachic will should be done in a professional manner, with someone who understand halacha and the local laws, in order that it should be valid in Bais Din and in the secular court.
Best Wishes
