The Inheritance Trap: Publicly Known vs. Married Spouses

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In collaboration with legal zap

09/28/2022

Wednesday, September 28, 2022, 10:28 am Updated: 12:29 pm

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When a person makes a will, his estate is divided among his heirs, exactly according to the instructions he states in the will (Photo: ShutterStock)

"When an unmarried person writes a will and passes away, his estate is divided among his spouse and children according to his will, and things are usually very clear. But when there is no will and the estate, the provisions of the law of inheritance apply, where problems and friction can start between the children and the public."

This is how attorney Aryeh Lerner, an expert in family law, describes the difficulty that arises in relation to the division of the estate of well-known people who pass away.

According to him, if the deceased is married, things are relatively simple. The couple.

Attorney Lerner explains that when a person makes a will, his estate is divided among his heirs, exactly according to the instructions he states in the will. "But in the absence of a will, the estate is divided according to an arbitrary order established by law, and this is something that not everyone is aware of," he continues. "First All, the surviving spouse will receive the joint movable property, and then he will take his share of the rest of the estate."

According to Attorney Lerner, "This means that the surviving spouse receives all the movable physical property that belongs to the joint household. For example, furniture, utensils money, and even a car."

In addition, as mentioned, the spouse receives his share of the estate.

If the deceased person has no children, his spouse will receive 100% of the estate, but if, on the other hand, he left behind children, grandchildren or parents - the surviving spouse will receive 50% of the estate.

According to Attorney Lerner, there are situations that may create legal difficulties, even if the couple is married and one of them passes away.

It is clear that the intention of the deceased was not for the spouse from whom they separated to be the one to inherit them."

In such cases, the courts often tend not to allow the transfer of the property to the divorced, but this matter is difficult to determine rivets. "For this reason, especially for those who are facing a separation, it is recommended to conduct A clear will in which they instruct the transfer of their property to the children and not to the ex," notes Lerner.

"Known in the public must prepare for any scenario"

The inheritance law also directly refers to the situation where the couple are not married but live together as known in the public.

According to the dry law, when it comes to inheritance, the status of public figures is the same as that of married couples.

However, the difficulty in relation to those known to the public may arise in relation to their recognition as such.

When one of the spouses known to the public passes away, his children may claim that the two did not have a real marital relationship, and that they do not meet the legal definition of being known to the public, and therefore the remaining spouse does not deserve, so to speak, a share in the estate.

"This is a real problem that may arise and it should be taken into account. Public figures should prepare in advance for any scenario," says Attorney Lerner. "The way to prepare for this is with an unequivocal will, which clearly states the deceased's intention regarding his estate."

According to Attorney Lerner, in a situation where the children of the deceased challenge the very status of the couple as well-known in the public, the surviving spouse will be required to prove that the two were indeed in a permanent marital relationship, managed a joint household and were well-known in the public. "This is an unpleasant situation, which may To also be legally complex," he emphasizes.

For those who sign a financial agreement, Attorney Lerner clarifies that this is not sufficient for the purpose of dividing the estate.

"A financial agreement is intended for the course of the couple's life together and their separation, but it is not possible to establish provisions regarding the distribution of the estate after death."

, phone - 077-2305061

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Article courtesy of Zap Legal

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