Claims from the estate for past contributions
Question
Q. A widow has 2 brothers that do not support her, and 2 daughters who are not earning/working. She does not have sufficient funds to completely cover her monthly expenses so her 2 sons-in-law pay the difference. Upon her passing, can the sons-in-law be paid out their contribution from the sale of her home before the heirs receive their shares?
Answer
It will not be permitted to claim from the estate unless it is stipulated that she is taking loans from them.
If the sons-in-law wish to be paid back, then henceforth, they should make an agreement that they are loaning her money and not gifting it to her and she must accept that accordingly. Previous contributions already received cannot be converted into a loan even by agreement. (Qamoosul Fiqh 3/445)
And Allah Ta’ala Knows Best
- Answered by
- Mufti Moosa Salie, Mufti Taahir Hansa
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