darul hikmah: islamic wills and us law workshop
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TRANSCRIPT
INHERITANCE WORKSHOP
Preparation for Death & The Distribution of the Estate
Mufti Abrar Mirza
PREPARATION FOR DEATH
Only certainty in life
Not just something to await, but to prepare
for
Death on īmān
Advice to family
Settling of debts
INHERITANCE & BEQUESTS
Importance in Islam
Mīrāth (Inheritance)• Required• Shares specified in the Qur’an
Wasiyyah (Bequests)• Optional• Up to one-third• Inheritors ineligible
REACTING OF DEATH
Grieving within Shar’ī limits
Rushing janāzah
Sending thawāb
DISTRIBUTION OF ESTATE
Burial expenses
Settling of debts
Wasiyyah
Mīrāth
MISCONCEPTION
Claims of unfairness in son receiving twice the
share of daughter
Woman’s wealth for herself only
Man’s wealth for him and all dependents• May include wife, parents, siblings, etc.
PRACTICAL ADVICES
Shares in one’s lifetime
Ownership of small, low value items
Joined family homes
All necessary details• Make-up fasts and prayers• Hajj• Scholars• Custody
PRACTICAL ADVICES
Medical treatment
Timely execution of the will
Should not forego one’s share
INHERITANCE WORKSHOP
Shari’ah Compliant Estate Planning
Zubair M. Tajuddin, Esq.
ESTATE PLANNING BASICS
Estate Planning is the legal and financial process of arranging
and managing your assets during life and after death.
State Law has certain defaults. The end goal is to comply with
Shariah. The estate planning process is building the bridge
between the State’s defaults and the Shariah objectives.
There are Six primary issues.
STATE DEFAULTS
What happens if you do nothing?
• Distribution of Assets• Guardianship of Minors• Tax and Fee Consequences• Probate Court Consequences
ISSUE #1 - DISTRIBUTION
WHO will receive distribution?
HOW MUCH will they receive?
HOW will they receive it?
WHEN will they receive it?
WHAT will they receive?
ISSUE #2 – GUARDIANSHIP
Who can care of Minor or Adult Disabled
Children?• Overseas Guardians v. US Resident
Guardians
What is the guardianship process?
How to appoint guardians?
ISSUE #3 – PROBATE TAXES
How much are Probate Taxes? • US Citizen v. non-US Citizen
How to avoid Probate Taxes
ISSUE #4 – PROBATE COURT
What is the Probate Court process and why is
it necessary?
How and why to avoid probate courts?
What are the benefits and drawbacks to
avoiding probate courts?
ISSUE #5 - DISABILITY
Who will make financial decisions?
Who will make health care decisions?
What are your end of life decisions?
CONTACT INFORMATION
Zubair M. Tajuddin, Esq.
The Law Office of Tajuddin & Khan,
P.C.
(630) 624-1396