Question:

BS”D

Regarding the laws of inheritance of property, if a daughter inherits because no male heir is known, but after the property is transferred a male heir is discovered; by halachah, does the daughter keep the inheritance, or must it be transferred to the son? Could I also please be informed of the source(s)? Thank you.

Answer:

A question of this type can not be answered responsibly without first hearing the claim of both parties. however on a totally theoretical level, the only people that can get an inheritance before a person’s daughter is the person’s son or the son’s offspring. If it was not known that there is another heir, it means that she didn’t know that she had a brother or that he had children. If this is indeed the case, and she took the inheritance, the brother would have to prove that he is indeed the son of the deceased person, and if he does, then the money that the daughter took was taken in error, and she would have to return it. If however the brother can not prove it, he does not haveth right to take money from her without bringing proof.

Best wishes

Sources:

Bamidbar 27-8, CH:M 276-1.

Tags: order of Inheritance

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