Published February 04, 2010
We are in the midst of discussing the laws of intestacy - that is, of people dying without leaving a will; how is their estate to be divided according to halacha?
I STRONGLY SUGGEST THAT EVERYONE HAVE A WILL. There are many lawyers who can help you prepare a will according to halacha taking into account your own wishes as how to distribute your estate and the laws of the land where one resides.
The halacha assumes that every Jew has relatives surviving him, (that is, except for a proselyte who dies without leaving surviving children or the descendants of his children. They are his heirs only if the children were conceived after his conversion into Judaism.) Assume that Reuven dies without a will and not having made gifts disposing of his assets. Priority is given to the descendants of the decedent and failing to leave surviving descendants, the chain of inheritors first goes up one generation to the father of the decedent and then to the descendents of the father. Failing that, the chain goes to the grandfather of the decedent and then to his descendants. This continues until there are heirs of the decedent. All descent is through the father and not through the mother of the descendent. Reuven’s widow is not an heir of Reuven. The mother is not an heir of her children, nor does she confer heir status on persons who are only related through her. Thus brothers by the same mother do not inherit each other. Brothers by the same father inherit each other whether or not they have the same mother. In this respect there is no difference between a brother by the same father and mother or a brother by the same father only. Thus if a child is born and his father is not known and therefore there are no relatives from his father’s side, the members of his mother’s side are not his heirs. If he leaves no descendants, then his property is ownerless, the same as that of a proselyte who dies without heirs. The halacha describes 28 distributees if a person dies without a will.
Heirs of a woman who was married
Sarah dies. Either she was married at the time of her death or was a widow or a divorcee at the time of her death. A husband is the heir of his wife. If he is not alive her estate is inherited by her sons and their descendants. If she left no sons or descendants of sons surviving her, her estate is inherited by her daughters and their descendants. Is she left no descendants, her estate is inherited by her father. If she is not survived by her father then her father’s sons inherit her. These are brothers who have the same father that she has. There are many combinations of heirs as can be seen from the foregoing. It is best to write a will and thus the descendants will inherit according to the wishes of the decedent. Failing that, in families where the heirs want to abide by halacha, they will consult with a rabbi and lawyer who are knowledgeable in these matters. In the next lesson there shall IYH be a short discussion of the laws of primogeniture.
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