Family Inheritance
When a person dies without leaving a Will, there is often the question as to how the estate is to be divided to the related heirs. Our office often encounters individuals that claim that they are entitled to inherit the estate due to their familial and social closeness to the deceased. The question that arises is how the inheritance is defined and distributed amongst the heirs.
Inheritance between family members, as defined by the Inheritance Law
When a person dies without leaving a Will, the estate is distributed according to the stipulations in the Inheritance Law of 5725 – 1965. The Inheritance Law determines the order of the heirs that are entitled to inherit from the estate, and which parts of the estate are to be given, according to the relation to the deceased at the time of their death. The rationale behind this determination is that the average person would prefer to bequeath their estate amongst their closest relatives, usually the immediate family that would include their spouse, children and parents.
The legal order of the heirs
The Inheritance Law determines the following order of inheritance:
- Spouse
A spouse is entitled to inherit the contents of the home, the car, the apartment and part of the estate. However, the portion of the inheritance for the spouse is also determined by the number of relatives that the deceased had. For example, if the deceased had children or parents, the spouse will inherit 1/2 of the estate. If the deceased had siblings (or their children) or grandparents, the spouse will inherit 2/3 of the estate and will be entitled to the deceased’s half of the apartment, if on the eve of their death they were married for at least three years in which they resided together in the apartment. It should be noted that the law recognizes common-law partners (or domestic household partners) as spouses and therefore they are entitled to inherit the estate as if they were married.
- Children
If the children of the deceased have passed away, their children will be entitled to their share of the inheritance, or if they passed away as well, then their children (the great grandchildren of the deceased) will be entitled to their share.
- Parents
If the parents of the deceased have passed away, their children (the siblings of the deceased) will inherit their share of the inheritance, or their children (the nephews / nieces of the deceased) if they passed away.
- Grandparents
If the grandparents of the deceased have passed away, their children (the uncles and aunts of the deceased) will be entitled to their share of the inheritance.
Examples of inheritance distribution among family members
The following are a small collection of examples that demonstrate the distribution of the estate according to the Inheritance law –
- The deceased has a spouse, to whom they were married for 6 years, and parents:
The spouse will inherit the car, the contents of the shared home, the apartment and 2/3 of the estate. The rest of the estate will be passed onto the deceased’s parents and each one of them will inherit 1/6 of the estate.
- The deceased has a spouse and 4 children:
The spouse will inherit the car, the contents of the shared home, the apartment and 1/2 of the estate. The rest of the estate will be passed onto the deceased’s children and each one of them will inherit 1/8 of the estate.
- The deceased has a common-law spouse, with whom they lived for 10 years, a brother and a nephew for a deceased sibling:
The spouse will inherit the car, the contents of the shared home, the apartment and 2/3 of the estate. The rest of the estate will be passed onto the deceased’s brother and nephew and each one of them will inherit 1/6 of the estate.
If you encounter difficulties regarding inheritance between family members, you should consult an attorney that specializes in Wills and Probate.
An attorney that specializes in Wills and Probate can consult you regarding your entitlement to a deceased’s estate, or a share from it, based on family relation, and can represent you and fight for your entitled share in a family court of law.