Fatwa #234622 February 2001United States of America
Who inherits my wealth if I die as I don't have sisters or brothers am unmarried?
Question
Respected Hazrath, I am the only child of my parents and my father has died. I am unmarried. My mother also has some wealth. If in case, I die now who will inherit my wealth? If my mother dies (may Allah prolong her hayath) and I too die before marrying, who will inherit our wealth? After marriage, before we beget a son, if I die does all the wealth is inherited by the wife? jazakallahu Khairan
Answer
In the case of your mother being your only heir, she will inherit the entire
estate. If you have any paternal male relatives (e.g. father's brother,
father;s father, father's brothers's sons, etc) your mother will inherit 1/3
of the Estate. The remainder being inherited by the forementioned relatives.
When a person is succeeded by none other than his wife, she will inherit the
entire estate. In an Islamic state, when a person dies leaving no heirs, his
estate will go to the Baytul Maal (treasury) and will be used for the
benefit of the Muslims. In a secular state, a person is advised to make a
will or bequest toward some Islamic benefit, in the absence of which, his
estate will become government property.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.