But Jill’s right, arising out of mitzvah lekayem divrei ha’met, does not transform Jill into an heir. Jack is still the heir, albeit with an obligation to transfer part of the estate to Jill. But if Jack, the Torah heir, ignores his religious obligation of mitzvah lekayem divrei ha’met and sells all the assets of the estate, the sale is effective and Jill has no claim against Jack.
Some halachic authorities have more aggressively applied the obligation of mitzvah lekayem divrei ha’met in favor of the non-Torah heir beneficiary, even when the assets were not deposited with an administrator. These halachic authorities have argued that the right the law of the land gives to daughters to share in the estate is tantamount to depositing the assets with an administrator.
While still recognizing the sons as the legitimate Torah heirs, these halachic authorities have ruled that, based on mitzvah lekayem divrei ha’met, the daughters in such situations must receive their shares of the legacies.