78. Estates - Nachalos
The order of inheritance is son, daughter, and
father [as it says "If a man dies and has no son you
shall pass his estate to his daughter..."1]. If an heir
is no longer alive his heirs inherit in his place in
the same sequence. Rabbinically, a husband has prior claim
to his wife's estate, but this priority does not pass to
his heirs if he predeceases her. If a child predeceases
his mother his descendants can inherit from her in his place but
his heirs through the father cannot.a
If there are two or more equal heirs they share
equally, but if they are sons and one is the
father's first child he gets a double share of the father's
estate, as it says "[He shall recognize the firstborn...]
to give him twofold".2 Until the heirs have divided the
estate they are like partners in all respects. A man who
enters into levirate marriage with his brother's wife
inherits the brother's estate, as it says "He shall maintain
the name of his dead brother".3,b
One can bypass the order of inheritance by giving his
estate away while he is still alive in the form of gifts
effective at his death. In this way he can prefer some
heirs to others or outsiders to heirs; but this practice
should be avoided.c
Sources: |
| 1. Num. 27:8ff |
a. 1:1-3,8,12-13 |
| 2. Deut. 21:17 |
b. 2:1,8-10; 3:7; 9:1 |
| 3. Deut. 25:6 |
c. 6:5,11 |
