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Sharing Assets During Lifetime and After Death

Q:

Here is thebackground of the situation we are currently in.
I am the last child out of the 4 children we are. My father passed away in 2009. he left behind 1 wife (our mother) and 4 children.
He didnt have a will, however he verbally said that the house would be our mothers property after his dealth - all children do not despute the fact that he said said that. We agree to that he mentioned many times that the house would be my mothers after his death.

He was a business man and had a shop out of which he left some small amount of money. After his dealth we sold the business as none of my brothers were interested to continue it and did not even come for the funeral due to personal reasons.

All the children are married and have kids.

Now at this time, my mother has decided that she wants to clear the matter to her children on how the share will be allocated when she dies,
also the question is should she give away the money to the children as of now, or should it be allocated after her death (may Allah give her long life)

Can she decide who will get how much - if she decides that all the children can get the same amount or is there a wajib rule that has to be followed,
One of my sister is going thru a major dispute with her husband and is in crisis and to a level of divorce, and mother feels that she should get equal amounts to the brothers, as she will be more deserving than my brothers who are already well to do

I will also appreciate if i were given an email address to someone who i can follow up with this matter closely.

Thanks - and jazakallah.

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A:

There are few points to take under consideration with regards to your query:

1. Your mother can gift her assets and saving to whatever extent she wants during her life.

2. If she wants to make a will (wasiyyat), she can't make a will beyond 1/3rd of her assets and savings. 

3. The rest of the things (2/3rd) is subject to inheritance law as per Sharia rulings.

You can always get back to Ask an Alim team for further conversation. admin@askanalim.org

Kumail Rajani