Does a Bechor get a Double Portion of a Bank Account?
A bechor (a firstborn son) receives pi shnayim (a double portion) of his father’s inheritance. However, he is entitled to a double portion only of assets that were b’muchzak (in his father’s possession at the time of his passing). A bechor does not receive a double portion from assets b’raui (that have not been actualized yet). There’s a discussion among poskim whether stocks, bonds (corporate and government), bank accounts, and insurance policies are considered muchzak or raui. While there are a range of opinions on the matter, the following is the consensus among poskim:
Shares of stock in a company have the status of muchzak; they are considered to have been in the father’s possession at the time of his passing since they confer ownership in the company.
Bonds have the status of raui, since it is considered a debt owed to the father.
Bank accounts are raui. One reason for this is that banks usually invest the depositor’s money, and don’t hold it at the bank; the money would therefore not be considered as being in the father’s possession at the time of his passing. This is the position held by most poskim despite the fact that these days money in the bank is generally more secure than if it were kept at home.
The proceeds of a life insurance policy are considered raui, since the money isn’t paid out until the passing of the insured.
In any inheritance case the particulars of the situation should be addressed in a din Torah, or through a neutral party such as a rav, who would arbitrate among the brothers in a fair manner al pi Torah (according to Torah). #427
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