Question:

HI,
In America what are the Customs and Halacha regarding Yerusha? Does a Bechor get two thirds on tangible assets? Is the general consensus to follow Rav Moshe Feinsteins psak on wills? and what if a will stipulates to split everything equally????

Thanks

Answer:

I apoligize that it took  so long to get back to you.

The Halacha that a bechor gets a double portion doesn’t change with the local custom. It applies in all places.

R’ Moshe ZT”L held that a will that is put in charge of the courts the registar etc.(or notary) is considered as if was given as a present while still alive, and therefore the bechor will not get a double portion. I heard that in England this is what is done,and it stands to reason that this is the case in the United States also.

Sources:

Rema CH:M end of Siman 369, Igros Moshe Even Hezer 1- 104

Tags: Will yerusha

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