Inheritance

Inheritance of a stepmother

Q: I need some clarification: My father passed away in May. We are 2 siblings, A brother and sister I have a stepmother but she has no children. My daddy's parents are late.

1. My daddy wrote in his will that my stepmother can stay in the house as long as she wants to, and she will be responsible for all maintenance while living there.

My brother and I lives in Gauteng and she lives in the North West.

2. My daddy has a cottage in the yard where he was collecting rental. I also want to know does she get anything from there?

My grandfather and his brothers were in a family business. Now Every month all their kids collect rental from this business. My dad was also receiving. All his brother's has passed away. I want to know if my stepmother also gets anything from this rental or only his children?

The family has properties in India too, where they will be getting some money, does my stepmother get any shares from it or only his children?

3. My main question is does my stepmother inherit anything from the family inheritance such as the rental now that my daddy has passed or does she only inherit from the estate of what was already there when he passed away?

Making a bequest for an heir

Q: Marhooma passed away at that time she had 5 sons and 7 daughters when she passed away. Part of what she left was jewellery… In her lifetime she used to say the jewellery is for her daughters/or my wassiyat is this jewellery must be given to my daughters, but she never give it to them while she was alive and passed away.

Will the jewellery be given to the daughters only or will the sons inherit as well? In both scenarios keep in mind wassiyat and hiba.

Also after marhooma passed away, will anyone be liable to pay zakaat on the jewellery if it wasn't distributed for years? 

Distribution of inheritance if a woman passed away without any Muslim heirs besides her husband

Q: Please could you state the Islamic shares on the following scenario:

A Muslim female passed away. She was a revert Muslim and left behind
A Muslim husband
Her late brothers daughter who is a Christian
Her late brothers son who has children and all are Christians.

She does not have any children. Kindly state the Islamic shares of inheritance in this case.

Redistributing an estate that was not distributed according to Shariah

Q: I have a question regarding inheritance. Me and my siblings are in total 8; 3 brothers and 5 sisters.

After the death of my mother, who passed away 10 years ago, me and my sister didn't receive anything from my mum's inheritance because we live abroad. The rest of them divided my mum's stuff according to their needs. The amount of stuff everyone took wasn't according to the Shariah, they didn't consider it while dividing.

Another problem is that my mum had some jewellery, but my late father told all of us that he didn't want us to take anything from it and decided to give everything to our older brother because he's the one that took care of my parents.

Now I'm studying Quran with tafseer and I got to know that what we did was not according to Quran and Sunnah. How can we solve this matter ? It's been 10 years from that moment and it's not possible for us to gather my mum's stuff anymore because some of it got sold.

Father distributing his wealth during his lifetime

Q: My father distributed his estate during his lifetime. The following questions come to mind:

1. If it was given away in his lifetime, was it necessary to give the brothers double share and if it was done like this, is this valid in shariah?

2. His house was given to my mother with specific instructions to give it to my brother so that in does NOT go into her estate upon her demise. Was this correct?