How to divide the inheritance after the mother’s death? Here are the details

As long as the division of inheritance in every society has been the subject of deep study and discussion, it is not only limited to being a mere transfer of inheritance and property from one generation to another, but rather the matter is deeper than that, as it either leads to strengthening intimacy and love between the heirs, or sowing discord between them.

In this article, we will shed light on one of the topics of inheritance, which occupies the minds of many, which is the method of dividing the inheritance after the death of the mother, so follow us………………

Who are the heirs entitled to the inheritance after the death of the mother?

Many wonders about the heirs entitled to inheritance after the death of the mother, who inherits the mother after her death as follows:

• the husband.
• Children, male and female.
• Parents (father and mother).
• Brothers and sisters if they do not have an inheriting branch.

We will discuss the share of each of them later

How to divide the inheritance after the mother’s death?

After the death of the mother, the inheritance is divided among the children as follows:

If the mother has male and female children

In the event that the mother has male and female children, and they inherit by agnate the male, equal to the share of the two females, i.e. the male will have twice the share of the female.

  If the mother has only males

In the event that the mother has only males, the estate is distributed equally among them.

   If the mother has a single male son

In the event that the mother has only one son, then he takes the entire estate, if he does not have any other heir with him.

   If the mother has only daughters

If the mother has daughters and there are no male children with them, then they are entitled to two-thirds, i.e. two-thirds are divided equally between them.

If the mother has only one daughter

In the event that the mother has only one daughter, she takes half of the estate.

How to divide the inheritance after the mother’s death if her husband is alive?

There are some questions that are frequently asked, and among these questions: How is the inheritance divided after the death of the mother before the father?

The husband is one of those who inherits after the death of his wife, and in Sharia, he has two cases:

• The first: He inherits half of the estate in the event that the wife does not have any descendants and heirs because God Almighty says (And for you is half of what your wives leave if they have no child).
• The second: He inherits a quarter of the estate in the event that the wife has a descendant and heir, whether he is male or female because God Almighty says (If they have a child, then you have a quarter of what they left).

How to divide the inheritance after the mother’s death if her father or mother is alive?

If the woman dies and leaves behind a father and a mother, they have two cases:

• The first: If there are brothers and sisters, then the mother and father are one-sixth, because of his saying (if he has brothers, one-sixth is for his mother).
• The second: In the absence of brothers and sisters, the mother takes a third of the estate, and the father takes the rest.

How to divide the inheritance after the mother’s death if she is divorced?

The inheritance is divided, if the mother is divorced, among her children only, because the children withhold the remainder of the inheritance, and the money with which the deceased was provided must be from the estate’s money, and the debts must also be paid and the will, if any, considered, but on the condition that it is not The will is in excess of one-third, and if there is excess here, the children must agree with each other, otherwise the will is not implemented.

How to divide the inheritance after the mother’s death if she had children from another husband?

There is no difference if the mother has children from another husband, so they are her children, and they inherit with the rest of her children. If they are all males, the inheritance is divided between them equally.

Who gets the children’s right to inheritance if the mother dies and her children have not reached puberty?

If the mother dies and leaves young children who have not reached the age of majority, this does not prevent them from their right to inherit, but the guardian over them preserves their share, unless they reach the age of majority, and as for those who are their guardian, and in this there are some cases:

If the children’s father (the father) is alive

He is their guardian, and he is entrusted with preserving their wealth, until they reach the age of majority, and it is not permissible for any of the mother’s family to have guardianship over them according to Sharia.

  If the father died before the mother

And in the event that the father died before the mother, then the guardianship is transferred to the grandfather, that is, the father of the father, and not to anyone from the mother’s family.

If the woman was divorced before her death

And if the woman was divorced before her death, then the father did not differ, because he is their father and he has the right to guardianship over them, so he preserves the estate belonging to them unless they reach the age of majority, which differs only in this case that the husband has no right to the estate.

Do uncles and aunts participate in the mother’s inheritance?

After the death of the mother, the inheritance is distributed to the existing heirs according to the degree of each one of them, so the husband takes his share, which is considered one of the first degrees, and we mentioned his conditions previously, and the children also take their share, whether they are male or female, and in the event that the father and mother are present, they also take their share from the estate of their daughter, As for the uncles and aunts, they are veiled by the presence of the husband and the inheriting offspring, i.e. the children.

Is it permissible for a mother to bequeath part of her property to one of her sons before her death?

Yes, it is permissible for a mother to bequeath part of her property to one of her children if one of her children is needy and poor. He has the right to take something, and the estate is distributed according to the share of each one of them. In the event that she bequeaths more than one-third to one of her children, it is stipulated that everyone agrees with each other, otherwise, he does not take anything extra.

Is it permissible for one of the heirs of the sons to give up his share to his daughters, sisters, or vice versa?

Yes, it is permissible for one of the sons to give up his share of his share to his brothers, daughters, and vice versa, provided that this is done with full consent, and that he does not do so under compulsion or coercion. Rather, this assignment must be voluntarily from him with his consent.

What does the mother’s estate include?

The mother’s estate includes all the estate that she left, whether it was money, gold, property of his eyes, real estate, or land. The mother’s dowry is also included in the estate. Something in the possession of the deceased person.

Obligations that must be observed before dividing the mother’s inheritance

There are some obligations that must be taken into account before starting to divide the estate among the heirs, as all dues owed by the deceased must be repaid, including debts, vows, atonement, etc., and among these obligations are:

First: Debts, including the following:

People’s debts.

Debts related to the law, such as zakat, alms, expiations, and other

Debts of the hostages, if any.

And any other debts that the deceased had and mentioned before his death.

Second: the costs of burial, the grave, and the costs of shroud as well

Among the obligations that must be paid from the estate before its distribution is the burial and shroud costs, and in the event that the deceased does not have an estate, those responsible for the deceased pay it, while not exaggerating the costs and taking into account mediation in everything.

Third: Considering the will, if any

Among the matters that must also be taken into account before starting the distribution of the estate is the implementation of the will left by the deceased, but on the condition that the will does not exceed one-third, and what exceeds one third is not executed, unless there is mutual consent between the heirs on that.

Conclusion

With this, we have come to the end of the article, in which we talked at length about the method of dividing the inheritance after the death of the mother, and we mentioned all the issues related to it, which are a matter of disagreement among many, and it is necessary to refer in these issues to the original, i..

If you have any questions regarding inheritance issues, do not hesitate to contact the experts in inheritance and inheritance issues at Al-Othman Law Firm.