Jewish Law

Lesson # 512 - DOUBTFUL HEIRS

The general principle regarding heirs is that when an estate is to be divided, and there are presumed heirs and doubtful heirs, those who are the presumed heirs divide the estate and those who are only doubtful heirs get nothing. The presumption can arise when at least two witnesses testify before Beit Din that they know it as a fact or it was known to them and to members of the community at large for a prolonged period of time that Shimon and Dan are the sons of Reuven. Thus Shimon and Dan have inherited or about to inherit their father Reuven’s estate. Levi appears on the scene and pleads that he is also a son of Reuven, and therefore entitled to his share of Reuven’s estate. Levi produces no proof or testimony to buttress his claim. Shimon and Dan plead that they do not recognize Levi to be a son of Reuven. The claim of Levi will be dismissed.

Reuven dies and Shimon and Dan are proven or reputed to be his sons. The community has no information one way or the other if Reuven left other sons. Levi arrives on the scene and claims that he is also a son of Reuven and demands to receive one-third share of the estate of Reuven. Shimon acknowledges Levi to be a brother, but Dan denies any knowledge whether Levi is a son of Reuven. Dan receives one-half of Reuven’s estate, Shimon receives one-third of the estate, and Levi receives one-sixth (the balance) of Reuven’s estate. Shimon receives one-third because he acknowledges that there are three brothers to share the estate. Dan receives one-half of the estate because his claim is that there are only two sons.

Dan, instead of denying knowledge whether Levi is an heir of Reuven pleads that he is certain that Levi is not an heir of Reuven. Shimon admits that Levi is a son of Reuven. Dan receives one-half or Reuven’s estate, Shimon receives one-third and Levi receives one-sixth.

Reuven dies and leaves no sons surviving him. Reuven is known to have an only child, a daughter Sarah. Sarah went abroad many years ago and it is not known if she is alive.

Reuven is survived by his father, Yaakov. If Sarah is not alive when Reuven dies, Yaakov is Reuven’s heir. There is a presumption before Beit Din that Sarah is alive. Sarah is a definite heir of Reuven and unless it can be shown otherwise Beit Din will presume that since Sarah was alive when she went abroad she is still alive now. Yaakov is only a doubtful heir, depending upon whether or not Sarah is alive. Yaakov receives nothing and Beit Din holds the assets or appoints a conservator to conserve the assets. There is a general principle regarding heirs: those who are presumed to be heirs divide the estate and those who are only doubtful heirs receive nothing.

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