Inheritance Tax: Dina d’Malchuta Dina
Question
In Halacha, Jews generally should violate Dina D’Malchuta Dina if it contradicts Halacha. This is why Orthodox Jews normally follow the Torah’s inheritance laws over secular law. But do inheritance taxes violate Halacha (since inheritance in Torah puts family first) so that Jews can’t comply with them, or are they compatible with Halacha so that Dina D’malchuta Dina applies? Beyond the moral question of whether they should exist.
Answers
I am not sure that I understand what you mean when you write that “Orthodox Jews normally follow the Torah’s inheritance laws over secular law.” The Laws of Inheritance are defined by the Torah. Death tax or inheritance tax is something that should be set aside before the estate is divided among the inheritors. This means that when a Jew passes away, the estate is Halachically and legally obligated to set aside the taxes that need to be paid, before the rest is distributed estate among his heirs.
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