Inheritance Webinar: What's In Your Will?

What’s in Your Will? Part I

Islamic scholarship meets legal practicality for this inheritance webinar. The emcee, Br. Minhaj Hassan, director of the Donor Care office hosted our first guest speaker, Dr. Ahmad Abdulwahab and second guest speaker attorney-at-law Br. Siraj Sohail. Two experts in their respective fields simplified a complicated topic.

iMuslimah, the sisters’ branch of the Dar-us-Salaam community in College Park, MD, hosted a “What’s in Your Will?” event live on Jan. 31st 2021 and a Q&A Part II session on February 14th.

If you’re looking for a specific topic in this video, please jump to any of the following timestamps:

Sheikh Ahmad Abdel Wahab’s Presentation: Fiqh of Wills and Inheritance : 3:53
The Meaning, Wisdom and Importance of the Will : 5:51
Who is a Will valid for? 14:47
Writing a Will in a Non-Muslim Country 22:01
Prohibited Wills 23:32
The Heirs of Wealth 30:45
Nullifiers of a Will 32:42
Recipients of a Will 35:29
Items That Can be given in the will 40:09
Authorizing a Will 41:45
Witness of a Will 47:38
Unfairness in a Will 49:39
Danger of Going Against Allah’s Command 50:48
Duties of the Executor of the Will 51:56
Summary of Inheritance Laws 53:00
Important Questions Regarding the Will 1:10:32
Recommended Resources 1:19:32
Beginning of Legal Aspect: Br Siraj Sohail’s Presentation 1:22:54
Estate Planning 1:24:15
What is a will? 1:37:57
Intestacy Law in Maryland 1:44:19
What is a Living Trust? 1:45:11
About Creditor Protection 1:49:25
Living Wills and Health Care Powers of Attorney 1:51:11
The Power of Attorney 1:55:08
Beginning of Q&A 1:59:29

What’s in Your Will? Q&A Part 2

(It’s a LOT of information, we understand. Hold Control + F to search a specific keyword)

My father passed away 20 years ago and my mother was the owner of all his wealth. We are 3 sisters and 1 brother. 19 years later my mother passed away without a written will. Now should we consider the huge amounts she spent on my brother, some money she lent him with our consent as part of his share? Now brother claims she forgave him although she claimed it back in my presence. Timestamp: 3:30
Is it allowable for husband and wife to consider everything they own to be owned by both? Is it allowable for them to consider everything to be owned by both husband and wife and all the children? Timestamp: 8:05
My mother gave me certain land in papers on my name. My brother too was present at that time and he had no issues. Next day she passed away. Now should I pool in that land along with other properties to be shared between siblings or is it mine? Timestamp: 11:05
Can my husband tell me not to spend the share I get in the event of his passing on my mom or siblings? Timestamp: 15:49
My mother passed away, she didn’t want any of her jewelry to be given to her son and his wife after her death, should the daughters comply with her will? Is this islamically right? Timestamp: 17:20
I have heard that property cannot have two owners islamically. So the house would have to belong to just one. Is that incorrect? Timestamp: 18:44
If non-Muslim parents leave you money, can you use it for the funeral expense? Is it OK to donate it to a masjid or something like that? Timestamp: 19:37
Can material belongings like jewelry, cars, etc. Can these things be written in the will to be given to whoever wants to have them? Timestamp: 21:16
If you have retirement accounts and you get RMD (4%)annually, the remaining money stays in the accounts. How would these be distributed according to islamic inheritance laws? Timestamp: 22:15
Sister is divorced with young kids, and ex-husband and brothers do not provide for her. As her sister, can I leave her more than the prescribed? Timestamp: 25:42
There is a single mother: she is the one who is the head of the house. Can her family give her 1 or 2 because she is the “breadwinner”? Timestamp: 27:18
If a deceased father passed on a property that is used for rental income and one of the inheritors would like to continue to use it as an income property, collect rent, and not sell it, does this person need to pay a monthly amount from the rent to the other inheritors? Timestamp: 28:40
Before passing, a grandmother bequeathed a small amount of gold to daughters of the deceased daughter since there would be no other inheritance. The other kids do not honor the request because they say that islamically inheritance just goes to kids that are alive, regardless what the grandmother said prior to passing. Is this true? Timestamp: 30:24
If husband, wife and son, and the father passes away and the mother collects monthly money from the father’s retirement, does this monthly amount get divided islamically with the son also?Timestamp: 31:50
Can I gift my portion of my house to my wife and can she also do that? Timestamp: 33:12
I want to gift my minors equally a condo that I own. How can I do this while alive and avoid paying a lot of money since this will not be Sharia compliant after death? Timestamp: 36:16
If I want to give my two daughters my house and 401k and other properties at my death, how can I do so following islamic law? I am single. Timestamp: 37:30
My wife and I don’t have children together. She doesn’t have children of her own. As we understand it, I ( her husband), get half of her money, and the other half is divided islamically to her mother (1/3) and remaining to siblings (2 brothers and 2 sisters). Is this correct? Timestamp: 39:06
Do brothers and sisters also inherit? Timestamp: 40:50
When there are no inheritors, can one give the 2/3 to anyone? Muslim or non-muslim? Timestamp: 41:17
Regarding spouses with joint ownership: for example, does the remaining spouse keep his or her 50% and the deceased 50% gets distributed according to shariah?” And do they need to contribute equally financially to the joint account? Timestamp: 42:41
If you have multiple children alive and one passed away. For the deceased son, do his children have a share in the father’s wealth? Timestamp: 44:30
My sister passed away during my parents’ lifetime. She had three sons. My parents told her children if they want their share they should keep it. Now my parents have passed away, they are asking for their mother’s share. Are they entitled in islamic law? Timestamp: 45:54
Are the deceased personal items like clothing, books, jewelry, and shoes etc. also handled the same way following 2 to 1 share? Timestamp: 49:06
What happens to the only house left by the deceased if his wife and children are still living in it/using it, is this house subject to inheritance? Do the wife and children have to pay anything to those who inherit from the deceased (from the value of that house proportionally)? If yes, what happens if they have no money to compensate them? Timestamp: 50:00
My husband and I have an account we opened solely for our children’s education fund. In the Shariah will, this fund count towards our inheritance when we die or can it be recognized as an education fund for our kids. Whichever case, do we pay zakah on it yearly or leave it for the kids to do when they are old enough to manage acct? You had mentioned that the daughter of your daughter does not inherit. really? Even if she is the granddaughter from the son? Timestamp: 52:56
What about non-muslim heirs? If one is a revert with rest of the family as non-muslim, is it still limited to 1⁄3? Timestamp: 56:16
Can a trustee or executor be a female or does it have to be a male? Timestamp: 56:45
Regarding prohibited wills and no greater than 1/3 of wealth to non-heirs, can you please clarify again the case for single muslims with no dependents and well to do, rich parents and siblings Timestamp: 57:10
Is it permissible to leave all your wealth as a waqf to a masjid? Timestamp: 59:21
In the US, a spouse (wife) automatically gets the inheritance (retirement funds, house, pensions, etc.) and keeps it till her death before passing on to kids. The logic is that she has equal rights to a man’s income and that she needs to be supported after the man’s death. What provisions in islamic laws of inheritance address such a scenario? Timestamp: 1:00:17
What about a person who earns a lot and gives most of it in charity. He has very little property because he does not keep the money to himself. Can his charities be limited because his heirs will not get anything or very little if he continues to give most of his income in charity? Timestamp: 1:02:11
If you have a son and a daughter, will both kids have half of your estate after debts, and nothing given to anyone else? Timestamp: 1:08:20
If parents did not leave a written will and the children agree to give their parents’ property to charity, would that be considered a sadaqa jaariah for the parents? Timestamp: 1:09:25
What if you receive an incorrect/higher amount of inheritance? For example, a father has two daughters and two sons and he directs that all of his kids get equal amounts. If you are the daughter and now you have received a higher amount, what are you supposed to do? Timestamp: 1:10:57
Why does the daughter of the daughter not inherit? Timestamp: 1:12:09
If the wife died and the husband inherits property from the wife. This couple have no children, parents. Wife left behind 3 sisters and 2 nephews. After the husband’s death who will get the property? Husband left behind 1 brother and 3 sisters and many nephews and nieces. Timestamp: 1:17:08
My mother passed away without a will, my brother who is the only son who owes my mother a loan. He is now claiming that she forgave him but we have no proof of that. What should we do in such circumstances? Timestamp: 1:18:56
What if you don’t get along with a sibling and don’t want to leave them an inheritance? Timestamp: 1:20:28
How does this work (inheritance) in a polygamous marriage where the man has more than 1 wife Timestamp: 1:21:47
What about material things like jewelry, cars, etc. can they be written in the will to be given to whoever the person wants to have them? Timestamp: 1:22:31
We can’t take from the inheritance of non-muslims, what if she left it in her will? Timestamp: 1:22:42
Please share ruling or guidelines for one’s wife as a widow without children with the deceased husband. The husband has left two parents and multiple adult siblings. Timestamp: 1:22:54
As an executor, if she adopts a child, what does she need to do when writing her will to bequeath the adopted child? Timestamp: 1:24:31
What should a simple common will have in it? Is it OK just to say “please follow the islamic law following the quran and sunnah for my will? Timestamp: 1:25:38
Is the deceased’s salary subject to inheritance distribution? Timestamp: 1:26:41
If someone’s son has mental health issues would it be OK to change the inheritance? For example, a wife receiving the majority, and splitting between son and daughter? Timestamp: 1:27:30
Do I understand correctly that during their life, parents can give money in different amounts depending on the children’s needs? Timestamp: 1:28:41
Is it permissible to leave a stipend or pay fees to the executor to manage the estate? Timestamp: 1:30:31
For people who work in the US, basic life insurance is compulsory.Can that money be used for burial purposes or should it be given away to a charity with no reward coming from it? Timestamp: 1:32:30
Clarification required when distributing gifts to your children (combo of sons and daughters) if you are alive equal distribution was my understanding. Is that correct? Timestamp: 1:35:52

Legal Question/Answers – Br. Siraj Sohail

What does the bank do if you don’t have a will with the money, house/cars, etc? And what if you have a joint account? Timestamp: 1:43:13
Depending on the US state, if there are payable upon death (pods) and/or beneficiary forms in place on assets, can the deceased assets still end up in probate? Timestamp: 1:44:19
Should a will document list all the details of assets, eg. bank accounts, property, etc? And if so how often does it need to be updated? Timestamp: 1:46:11
The following statement is part of an islamic will form: “I direct that no part of my estate shall be bequeathed to any non-muslim relative whether this relative is blood-kin or and in-law, spouse, parent or child.” With the intent to prevent inheritance of any assets going to non-muslim family. However, is the term bequest correct if it is actually allowed for the Muslim to leave up to 1/3 to such relatives as a gift (bequest)? Please clarify if there is a difference between inheritance and bequest in legal terms. Timestamp: 1:48:21
We have a real estate business, with properties moving in and out of it. Can or how do we reflect this in a living trust? Timestamp: 1:51:08
Are Virginia and DC inheritance/probate laws similar to Maryland? Can you give references for muslim attorneys in Virginia experienced with wills/estate planning? Timestamp: 1:52:24
What if I want to make a will/trust but my spouse has no interest? Is there a way for me to do this?Timestamp: 1:53:25
Living trust – is it just for children who are younger than 18 years old or even for other ages, how important is it to set up a living trust, how much does it cost to set up, and if we have a living trust, do we need a will? We have a revocable living trust – the son is the executor of the estate. He does not know much about the jewelry – can we put it in the trust that our daughter will take care of the jewelry in the safe deposit box to distribute, is power of attorney part of the living trust or is that a separate thing that one needs to establish? Timestamp: 1:54:09
Due to this pandemic is there a template available to even ask our young adults to have a will setup?Timestamp: 1:57:52
Are there any major legal (us)considerations in wills/ trusts/directives for an islamic (not us legal) spouse (traditional 1 wife 1 husband)? Timestamp: 2:00:01
If we make a will / estate plan at a lawyer’s firm for example, br. sohail’s firm, what happens if Br. Sohail retires? Are there other partners at the firm who will take over or will we need to go to another firm to update or make changes to our will / estate plan? Timestamp: 2:01:25
So, do you suggest that if a divorcee wants to remarry, a prenuptial document should be prepared to delineate what belongs to the woman before getting married to the new man? Timestamp: 2:04:15
How is the 401 or pension taken into account as part of will or inheritance? Timestamp: 2:05:23
Can someone overseas (not a us citizen / resident) be responsible for executing the will or assigned as responsible party for making decisions/taking care of children? Timestamp: 2:06:06
Any idea how much muslim funerals cost? Timestamp: 2:08:05
Are there examples of islamic wills that adhere to local laws that can be provided to the attendees?Timestamp: 2:09:16
Wondering if there is a software out thereto help with this matter, like Turbo Tax in tax filing for example, you just type in the information needed and get the layout of the distribution? It will be very helpful for Muslims. Timestamp: 2:11:56

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