Legal Question in Wills and Trusts in Israel
My father is 92 years old, he is O.K. and owns an apartment in Tel Aviv that worth US$600,000. He has 2 children: My brother Dany and I, Elena, both married with children and both married w/"comunion de bienes" in Spanish (I don't know in English)
Because Dany is in bad financial situation, I told my father that he can make another testament and put the entire apartment 100% in my brother's name. In this case, in the future,he will be able to collect rent from the apt. and this will help him making a better living.
One year ago my father did a testament leaving 100% of his apt.in Dany's name.
Dany's wife, Frida told him that she want's to divorce him.
When my brother told her about my father's apartment, that will be 100% for them after my father's death, she agreed to stay with him.
My father wants to do a different testament to avoid her to get part of the apt.in case of divorce or in case of my brother's death. My father wants, that after my brother's death, the apt. will belong to Dany's 3 children, not to his wife. Sincerely Elena 054-780-2200, 03-605-3711
1 Answer from Attorneys
Dear Elena,
Yes. According to the Israeli estate laws a testament can name an heir after an heir, but it is most recommended that, considering your father's age, such a document would be prepared by a layer and properly recorded. you can call me at: +972-50-7943172.
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