1,627. Conditions of a Kesubah vs. Deathbed Gifts
Hilchos Ishus 19:12
A man’s sons are not entitled to inherit the value of the kesubah and his daughters are not entitled to maintenance until they produce their mother’s kesubah. If they can’t produce it, they aren’t entitled to anything because of the possibility that their mother waived her kesubah. They are still able to collect in a location where the common practice is not to record the kesubah in a document.
Hilchos Ishus 19:13
Let’s say that, shortly before a man’s death, he directs that one of the conditions in his wife’s kesubah be ignored, such as that his daughters or his widow not receive maintenance from his estate, or that his sons not inherit the value of their mother’s kesubah. In such a case, his words are ineffective. Even if he gave his entire estate as gifts to other people, the conditions in the kesubah must still be fulfilled. This is because deathbed gifts do not take effect until after the person dies, as we will see IY”H in Hilchos Zechiya u’Matana. Therefore, the deathbed gifts and the inheritance obligations based on conditions in the kesubah take effect simultaneously. Accordingly, the widow and daughters receive maintenance from the estate and sons inherit the value of their mother’s kesubah if she predeceases her husband.