islamic wills and applicable us laws

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ISLAMIC WILLS & APPLICABLE U.S. LAWS By Mufti Abrar Mirza and Zubair M. Tajuddin Esq. www.audiblewisdom.org

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A special presentation by Mufti Abrar Mirza and Attorney Zubair M. Tajuddin, Esq.Rasoolullah (Sallallahu Alayhi Wasallam) commanded: "It is not proper for a person to let even two nights pass without him having prepared a written wasiyyat (will/testament)." BukhariIt is incumbent for every Muslim to have his/her written will in a safe place at all times. Without a valid Will/Trust, between 6% and 40% of your assets could go to taxes and fees, and your children could be split up and sent to foster homes. The need for an Islamic Will is therefore imperative especially when living in this part of the world.

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Page 1: Islamic wills and applicable us laws

ISLAMIC WILLS & APPLICABLE U.S. LAWS

By Mufti Abrar Mirza and Zubair M. Tajuddin

Esq.

www.audiblewisdom.org

Page 2: Islamic wills and applicable us laws

INHERITANCE WORKSHOP

Preparation for Death & The Distribution of the Estate

Mufti Abrar Mirza

Page 3: Islamic wills and applicable us laws

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

Page 4: Islamic wills and applicable us laws

INHERITANCE & BEQUESTS

Importance in Islam

Mīrāth (Inheritance)• Shares specified in the Qur’an

Wasiyyah (Bequests)• Up to one-third• Inheritors ineligible

Page 5: Islamic wills and applicable us laws

REACTING OF DEATH

Grieving within Shar’ī limits

Rushing janāzah

Sending thawāb

Page 6: Islamic wills and applicable us laws

DISTRIBUTION OF ESTATE

Burial expenses

Settling of debts

Wasiyyah

Mīrāth

Page 7: Islamic wills and applicable us laws

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.

Page 8: Islamic wills and applicable us laws

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

Page 9: Islamic wills and applicable us laws

PRACTICAL ADVICES

Medical treatment

Timely execution of the will

Should not forego one’s share

Page 10: Islamic wills and applicable us laws

CONTACT INFORMATION

[email protected]

Page 11: Islamic wills and applicable us laws

INTRODUCTION TO ESTATE PLANNING

Preparation for Death & The Distribution of the Estate

Zubair M. Tajuddin, Esq.

Page 12: Islamic wills and applicable us laws

ESTATE PLANNING

Estate Planning is the legal and

financial process of arranging and

managing your assets during life

and after death.

There are Six primary issues.

Page 13: Islamic wills and applicable us laws

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?

Page 14: Islamic wills and applicable us laws

ISSUE #2 GUARDIANSHIP OF MINOR CHILDREN

Who can care for minor

children?

What is the guardianship

process?

How to appoint guardians?

Page 15: Islamic wills and applicable us laws

ISSUE #3 PROBATE TAXES

How much are Probate

Taxes?

US Citizen v. non-US Citizen

How to avoid Probate Taxes?

Page 16: Islamic wills and applicable us laws

ISSUE #4 PROBATE COURTS

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?

Page 17: Islamic wills and applicable us laws

ISSUE #5 DISABILITY

Who will make financial

decisions?

Who will make health care

decisions?

What are your end of life

decisions?

Page 18: Islamic wills and applicable us laws

ISSUE #6 LIABILITY

Is there a risk of professional

liability?

Is there a risk of investment

liability?

What assets can be

protected?

What does protecting an

asset mean?

Page 19: Islamic wills and applicable us laws

CONTACT INFORMATION

Zubair M. Tajuddin, Esq.

The Law Office of Tajuddin & Khan, P.C.

(630) 624-1396

[email protected]

PO Box 481

Lombard, IL 601481400 E. Touhy Ave.,

Suite 409

Des Plaines, IL 60018