2. Also how much share should be given to my late youger brother Wife including his daugther and new born baby boy (1 month), from the property of my Father and Mother, which they own individually?
Answer:
1) Funeral expenses (not including any extravagances)
2) Debts (if any) including the legal costs
3) Bequests (if any) made to non-heirs. This is not to exceed one third of the estate after the abovementioned two things have been settled.
Once the above have been taken care of, the remaining estate of the deceased will be divided into 216 shares and distributed to the heirs as follows:
– His wife will get 27 shares
– His father will get 36 shares
– His mother will get 36 shares
– His daughter will get 39 shares
– His son (although he was not born at the time of his death) will get 78 shares
(Shaami: 10/587 Darul Ma’rifa)
Note that the deceased’s brothers and sister will not inherit from him. Also note that the estate of the deceased includes all of his possessions including his business.
2) A woman does not inherit from her father in-law and mother in-law (they can make a bequest for her if they want though). As for how much will your brother’s children inherit from your parents: that depends on who is alive when your parents pass away. If you or your brother is alive, they will not inherit from your parents at all.
Mufti Faizal Riza