Sam2: If Shulchan Aruch says to split it up a certain way (i.e. a bchor gets a double portion) and the laws of the State of Montana say something else (i.e. a bchor doesn’t get a double portion), halacha prevails. Halacha does not say to disregard standard halacha if the drunk gentile legislators of Montana passed a law saying otherwise. Your argument would have meant you could disregard the entire Shulchan Aruch for monetary matters and simply have gone with secular law. Your argument would have, essentially, meant that a b’chor never gets a double portion (and all the other halachas of yerusha are discarded) since goyishe law says differently. That argument is illogical and is incorrect.
Menu