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