In the US, the eldest has no more 'rights' than any other child.
If you are wondering about what happens when there was no will, tell us your state and who else in the immediate family is living, especially any widow whether related to you or not.

Please read the instructions before posting. There is a larger box where you are supposed to give an explanation and details about your question. As it is we can only guess at what you are asking. Also ANY question on law needs to include your general locale as laws vary by area.

Yes, please tell us more about what is happening and where you are at.