INHERITANCE

10 Jul 2024 Ref-No#: 6880

asalamoalikm, my father passed away. how do we distribute his estate share income

alive are his wife ( my step mother)
we are 3 brothers and 1 sister all adults ( our mother passed away before my father)

 

Answer

Wa ‘alaykum as-salām wa raḥmatullāhi wa barakātuhu,

The estate should be divided after settling any debts and fulfilling any valid bequests (which should not exceed one-third of the estate), in the following manner:

  1. Wife (Step-Mother): She will receive one-eighth (1/8) of the estate because your father has surviving children.
  2. Children: The remainder of the estate will be distributed among the children with the male children receiving twice the share of the female child. This means each son receives twice the share of the daughter.

To break it down:

  • Your father’s estate will be divided into 72 equal parts for ease of calculation.
  • The wife (your step-mother) will receive 9 parts (1/8 of 72).
  • The remaining 63 parts will be distributed among the children.

Thus, each of the three brothers will receive 18 parts, and the sister will receive 9 parts of the estate.

Percentage-wise, the wife will receive 12.5%, and the remaining 87.5% is distributed among the children as follows:

  • Each son receives 25% of the total estate (18 parts out of 72).
  • The daughter receives 12.5% of the total estate (9 parts out of 72).

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