Islamic Inheritence question.....?

Question

OK Folks, the question is ONLY for knowledgeable folks, DO NOT post crappy answers, I WILL DELETE THEM!!!!!!

So here the issue, me and my younger brother were saving money for my mom for when she goes back to motherland i.e. to get here a car may be a house and all. The money was still in out savings account and was never handed over. Heres where it gets complicated, my mom passed away recently after she surprisingly got worse during her cancer treatment. My elder bother paid for ALL her medical expenses. When I spoke to him, he said he didnt need any thing from the estate except a couple of books. I believe since he paid for all medical expenses he should get the money we saved BEFORE it is split to all siblings. Mom didnt leave a will or any idea on what to do. All siblings agree that our lone sister should get all. 
My question is if I didn't hand over the money and mom knew about the money should it be included in the inheritance? if not can I give it to my older brother?

syrenarc · Accepted Answer

Wa inna illahi wa inna li llahi rajiuun .I am sorry for your loss.

Since your mother knew about the money and it was intended for her,it could be considered hers and therefore a part of the estate.Or since it didnt transfer to her legally it could be considered money in holding in which case it would revert to the original people who put it there.

In the first case ,since you,her children are her heirs the money would be split as per Islamic law between yourself and siblings.

4:11 Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The distribution in all cases ('s) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-knowing, Al-wise 

What you each choose to do with your portions is up to you.You could gift your portion to you brother or give yours to your sister.

In the second case each person ends up with the same amount of money that they put into the fund.Each person can again choose to do what they will ,with the money,eg give it to your sister or your older brother.

I am not an expert or anything but this seems logical.

Salaams,and all the best,brother

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Islamic Inheritence question.....?

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