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How is the estate of a man who died leaving behind a wife, a 4-year-old son from her, a 20-year-old son from a divorced wife, and a living mother to be distributed? Is the amount of the deceased's life insurance policy, which you disbursed, rightfully yours or the heirs'? Who is responsible for the upkeep of his four-year-old son, knowing that the deceased left behind real estate in the process of being sold?

1 min readAlso available in العربية

If a person dies leaving a wife, two sons, and a mother, and no other heirs, then the wife receives one-eighth of the inheritance, and the mother receives one-sixth. The remainder is divided equally between the two sons. The insurance policy is a right of the heirs and is included in the estate, to be divided as mentioned. However, the heirs are only entitled to the amount the deceased paid during his lifetime. Any amount exceeding that is unlawful and must be disposed of by spending it on public welfare. Real estate is included in the inheritance. The maintenance of a minor child is taken from his money inherited from his father, and the guardian is responsible for managing it. If there is no guardian, the matter is referred to the Shariah court. Matters of inheritance are complex and intricate; therefore, a mere fatwa is insufficient, and the matter should be referred to Shariah courts for investigation and consideration.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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