How is the deceased's money distributed among the heirs, taking into account that some of them owe her prior debts?
The remaining amount for your mother from the social security is considered part of her estate and is to be divided among her heirs.
As for the debt owed by one of the sons, if it is proven by evidence or admission, it has two scenarios: 1. If the debt is due immediately: The heirs can demand immediate payment from the son, and the amount will be divided among the heirs. If he refuses to pay, the heirs have the right to deduct the debt from his share of the inheritance, and the deducted amount will be divided among the heirs, including the debtor son. 2. If the debt is deferred: The heirs must wait until the payment is due, because, according to the majority of jurists, the deferment does not cease upon the death of the creditor.
However, if the son denies the debt and you are unable to provide lawful evidence, he will be paid his full share, and in case of dispute, the matter should be referred to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 176574
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy