Q:
1.) Mother (82 years) passed away 4 months ago (no Father), her estate to be divided Islamically between 5 sons (3 physically and mentally challenged) and 2 daughters, 3 weeks ago 1 son passed away (disabled, no wife or children, age 62).
1. How must his share be divided or shared?
2. The mother requested verbally that if any of the diasabled pass away then that share must go to the other 2 disabled sons. Is this permissable? If yes how is the estate treated if all 3 disabled sons are deceased.
A:
1. The mother's estate including the deceased son's share will be divided into 10 equals shares and distributed as follows:
Each son will receive 2 shares
Each daughter will receive 1 share
2. The estate of the deceased son cannot be inherited only by the disabled sons.
And Allah Ta'ala (الله تعالى) knows best.
Answered by: