QuestionsCategory: Money MattersMuslim inheritance question
Mohamed Ghounem asked 6 months ago

Asalamu alykum, Jazak Allah khair for your help for our Muslim inheritance question, our Mom as executor/remaining parent is needing help because she is being told different directives about the inheritance. We have 2 brothers and one sister, our father (Allah Yarhamu) left 2 wills:
1st will: A recent (this year) text message and verbally with my Mom as witness that the brothers get 2% each and the sister gets the majority of the savings, my Dad (Allah Yarhamu) also only left his bank account with his name, my sister’s name, and my Mom’s name (as the executor), excluding the brothers names.
2nd will: A hand written, dated, and signed paper will from 1993 that was found in his safe (that he left the combo with the siblings and he had access to as early as last year), that says the Mom and 3 children share the savings equally.
The variables:
1) The brothers asked my Dad’s personal Sheikh Mostafa of Masjid Manhattan, Sheikh Mostafa is my Dad’s favorite Sheikh according to my sister and attended the funeral, the Sheikh has informed us that neither wills are valid and that our Dad (Allah Yarhamu) upon passing, the savings (that was still in my Dad’s name upon passing) is to be divided according to the Quran that also seems to be validated by the 1st video I found on youtube on “Muslim inheritance” that seems to match our family circumstances
2) My sister claims to have asked 5 Sheikhs online and claims they all agree with her that she should get the majority of the savings and it is valid that the brothers only get 2% each (she refuses to share these responses and says to do the work ourselves, “Google “ask a Sheikh”)
3) The sister has stopped talking to one of the brothers and conditionally talks to the remaining family members as long as we dont bring up the money that she is holding and not sharing.
4) In NY State, inheritance laws say that text message or verbal wills are not valid as a hand written and signed will
5) The Mom is stuck in the middle between the 2 brothers and sister who are disputing the inheritance, as the Mom is the executor, she is being told by our sister who claims to have asked 5 online Sheikhs that the newer will (text message and verbal wishes from my Dad) are valid and my sister should get the majority inheratence
6) My sister claims that our Dad (Allah Yarhamu) always told her that the money in his bank account is her money and that is why our Dad put her name on the account and told her to spend from that money any time she wants and gave her a bank card to use as she wants, but she rarely spent from that money because it was understood that is our father’s money that he earned/saved his entire life and that his name was still on the bank account upon his passing Allah yarhamu.
7) Before passing, our father was trying to bring the family together by buying a house because my sister (a divorced single Mom) lived on the other side of the country and refused to stay with our Dad (Allah yarhamu) until he purchased a house because my sister did not want to stay in an apartment and his savings were intended for a future house deposit, verbal promises were made to my sister on the condition that she moves back with my Dad but at time of passing, my sister still had no plans to move back with my Dad (Allah Yarhamu) as we did not find a house to agree on.
We appreciate your help
Jazak Allah Khair
asalamu Alaykum
Mohamed Ghounem