In an event that a parent does not write a will, who is halachically entitled to a property that the parent left over?

 

Generally, when the father dies, his firstborn son – if he was born naturally – receives a double portion and the rest is divided equally among the other sons. Only biological children inherit – not adopted children; only paternal relatives – not maternal ones; only sons – not daughters (unmarried daughters receive a percentage of the assets, not a regular portion).

Spouses do not have equal rights to each other’s inheritance. Husbands inherit from their wives only property that she owned or owned jointly at the time of her passing.

Even when there is no will, often the siblings are willing to split evenly or negotiate about the inheritance in a way they understand  was the desire of their parents. It’s recommended to find a Rav who is close to the family  to negotiate the process in a peaceful and sensitive manner.

See Halacha2Go #236.

 

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