Inheritance Issues: Can the Mother Stay in the House After Father's Death | Dr. Mufti Abdur-Rahman
The husband owns the house right, mostly it’s, the husband who owns the house and he reckons he’s, going to die first and he’s, worried about where his wife, the mother, is gon. Na stay, okay, so what he wants to do is make it such that after he dies legally speaking, all the assets will go to the wife anyway right unless they’ve made a will even islamically speaking, he knows the laws. So what he wants is he wants the wife to have the right to stay in the house until she dies. Only then will he be distributed among everybody. Now that could be another 20 30 years. So now many people know that islamically, you can’t do that you can’t insist on that right because, as soon as the the father will die, the mother will have a right to one eighth. The children will have the right to the rest of it. If they don’t have any parents, so they can technically tell her to leave and look after her themselves. You know that would be a separate obligation, but they can do that now, some parents, they trust their children – that they will let their mother continue to stay in everybody’s house. After his death it will be everybody’s house, they trust their children, so they’re fine about that. Others don’t trust their children too much and they want to put it in a will now you’re not allowed to say it has to be hers until death, because you’re then depriving your other inheritors from their rightful share.
However, you can make it your wish. You can say this is what i would like for it to be, and if you’ve done the right, tarbia and nurture of your children, insha allah, they will take care of her or if they don’t want to take care of her in that house, then they will Bring her to their own homes and they will look after her there. Whatever the case is right now, if you do have a fear that she will not be looked after, and you want her to leave her assets well, there’s a few things that you can do. Okay, so i will suggest three things. Three options you have one option is that you can just gift her the entire house, if you think you’re going to die first gift, her, the entire house, the whole house is yours, she’s living with you, so you don’t even have to take your stuff out. If a husband says to his wife, all of this is yours. It all becomes hers right if he’s, serious right but there’s a risk in here let’s just say that she dies first. If she dies first, then her inheritors, if she’s still got some, will have a right to the house and then you’re going to be without the house. You’Ll get a portion of it a quarter of it. Your children will get the rest if there’s her parents are alive, they will get a portion as well that’s the risk in there.
So that’s, not a very good idea. The second idea, the second option – is your gift, a half of those. If it’s not already her half of hers, then you gift her half of the house. I own half she owns half now, of course, if you die, she still maintains 50 she’s got half of the equity in that house, plus she’s, going to get another 1 8 of the entire estate that you’ve left behind, so she’s, probably going to be ending up With more than half of the house, alhamdulillah that’s, very good. The benefit of that is, if they’re going to cause her a problem. Well, she can sell the house and buy something smaller, maybe right, because she’s got more than she owns more than 50 of the house, and if they, of course let her live, there then it’s all fine right, so that could work as well. The third one is that it’s, a bit more complicated is that you designate this as a walk, an endowment during your lifetime. You say this house that we’re living in right and any other asset you want. This is now an endowment, a walk for me and my wife to stay in until we die right. A walk means that you’re removing something from your ownership and giving into the ownership of allah subhanahu wa’ta’ala for a good cause right now, you’re saying how is it a good cause that me and my wife live in there right, that’s, just selfish that’s, just ours? Yes, it’s allowed to temporarily do that until your deaths, but after your death, after what you’ve stipulated, it will go to the charity that you’ve named it’ll go to the poor, for example.
So if you want security, let’s just say you want security, then in this case what you can do is you can say, i’m gon na do this as a trust. It will be for me until i die and for my wife until she dies and then you could also say it’s for my children until they die, then it will go to the poor that’s. Also allowed. The only caveat here in a walk is that while you protect it in this sense and then nobody gets shares and they can just use it after that last after the last person dies in there, it will go to the poor, which means your grandchildren will not Have it unless you keep it for them as well and for them and them and them and them problem is it’s going to get too complicated. Eventually, in 100 years you might have like 100 people vying for that house. It’S too complicated. This may be work. Maybe will work for somebody who doesn’t have any children right or who has one child or something like that and he’s, given them enough already, and he says okay, i want this. I want my wife to be secure after i die i’ll make it an endowment for me and my wife right uh in your lifetime, and it will become an endowment until she dies and once she dies, then it will go to sachin such a mother such and Such a masjid, such such a relief organization or whatever the case is you could do it that way as well.
Now i know i’m explaining all of these things, if they’re, confusing or whatever and you’re interested in them. You can ask the question later on, or you can contact us later on and inshaallah. We can help you with this. Besides these three, i can’t see any other solid way, the only uh to to keep the house uh for the wife until she dies, and then it get distributed. The only other way you can do this is if the children agree and you’ve brought up good children and they’re going to look after the mother, then that’s then that’s fine for listening may allah.