Shadee Elmasry – Inheritance Quandaries NBF 347
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City
As Salam aleikum wa rahmatullah wa barakatu. Welcome everybody to
this inside in nothing but facts live stream Smilla Rahmanir Rahim
Al hamdu lillah wa Salatu was Salam ala Rasulillah. The he will
be here. Well Manuela, first thing I want to begin with is yet Judah
met juge. There are a lot of people who, who make conclusions.
And we all know we're talking about Imran Hussain and his little
band of believers.
And I say that it may sound disrespectful because I don't
respect that this this type of stuff that they that they the way
they go about doing things. So I don't respect so if it's like,
sounds disrespectful, it is. Reason being is this, if you are
someone who claims to study and you cannot separate between a fact
and a theory, right? And you don't know the levels in Islam of
what is different upon
and what is not allowed to be different upon. Right then who
taught you? I said one of the first things that you ever study
is what is something that can be different upon? And what is
something that can't be different upon.
Theories about who is Judah juge, how the sun is gonna rise from the
west are worth a hill of beans? I'm telling you, and in terms of I
didn't I don't I've never seen any scholar
get into this with that depth. Nor ever conflate it with a fact to
the point that they will get red in the face and go after you and
get heated
for anyone who with anyone who doesn't agree with it. So, this
group forget the theory. Analyzing the theory is the least important
thing.
But how are you treating the theory if you're treating the
theory as a fact this is why exactly why Sydney office subjects
LLM maarif Utrecht 11 All
true having true knowledge is to know the differences of opinions
between the scholars and it means two things it means number one
what can have an opinion in the first place and what can't
there's no opinion on Qatar yet. There is opinion on London yet
mucha shabby had maybe some of the older might have dealt with that
but the majority should not delve into them one way or the other.
Just leave it as it is resigned to it and move on.
But kata yet,
or the new yet or even this has not even been yet this is more
like I owe him a welcome is something that has proof that is
less than 50%
so you have a cut 100% The money could be very solid 99.9% all the
way down to 50.1%. Right? So that's a big range right there.
A lot of confidence but can't say 100% and very little confidence or
it's possible check is 5050 and really like these numbers these
percentages are just we're just saying these percentages as so we
can understand. But check is one something's pretty much 50 If they
really don't know that which is has less evidence than that is
called a whim. Just a complete imagination. So you're now going
to take Oh ham
or should cook or even Vanya matters and elevate them up to
kata yet
and essentially base your your your your friend group on this
base. Everything upon this the way that we would do if someone went
against a country verse, an explicit verse, that's like I know
that is like the highest level of that
Do you treat a theory? Forget,
you treat a theory, forget a
an actual matava opinion, there are opinions that are weak, but
that are that are not, they could not be maybe it's not the dominant
opinion of a school have a method, but it's more tuber. It's more
tuber, people consider it, it may not be the strongest, but it's
more tuber. Now you can take someone's not even more tuber and
whatever is considered, we have to take into consideration, right?
It's not even more tuber, you can look into elevate this and now
everyone who doesn't believe in this is whatever they whatever,
you know, latest names that they're calling them, these people
as I know to judge, right? And that's why it's Yeah, I guess I
feel bad for them that they have that, that anyone could fall into
ignorance. So I shouldn't be
something that can be walked back from but I highly recommend the
people who are into those ideas and into those
you know, conspiracy theories. This is like the, like a Reddit
version of Islam.
Right? It is this is the this is the Reddit world of a slump your
if you're into that fine be into it, but know where it is. It's in
the level of Oh ahem or vignette or should cook even.
You can't go out treating this like it's actual fact. You can't
do this.
We're setting up today we're gonna have a really good interview and a
discussion on the problems that happen with inheritance. Now, when
we say problems here, what what I mean by that is that what are some
of the issues that the day to day issues that Muslims today have
with inheritance, given that our life has changed? There are
certain
views that are people have they bring to the table when it comes
to inheritance that may be uneconomic. There may be practices
that occur, and there may be actual legitimate desperations
that occur upon the death of somebody that causes a person to
possibly not observe the rules of inheritance properly. And is there
a way around this that is lawful not playing games with the
shooter? Yeah, that's what we're going to be covering today with
Tarik and churros, two solid NJ lawyers that are backstage right
now or prepping the screen for them. In the meantime, we will
read a story of one of the Olia of Allah.
And that is Mohammed bin nanny beta. And we're reading daily now
from the book, meetings with mountains.
Why we read the stories of the odia is something that brings life
to the heart. And what bliss does and this is another thing, by the
way, for these types of people who is actually relates very well to
these types of people who are spending 99% of their time
on the Illuminati, or the jinn or ecotourism. Or the dead jungle, or
who is yet Jujuba juge. And is it because Aryan Jews? And is it the
Turks? Or is it the Chinese or is every decade is somebody
different, whoever's powerful, it's he has Ujima, Judah that
time. Now it's the Khazarian Jews are what happens when they, when
that
comes back down to earth, there's going to be another group,
whatever.
One of the tricks of bliss is to get a person
to project their virtues or to focus Virtue
on something that is outside of day to day life that is almost
imaginary.
Such that now if you look at the Marxist, they're all about this.
The Marxists they care about justice, they care about sharing.
But their concern about sharing is in this large theoretical, that
may or may not even have it any tangible existence.
Right? The prophets call you to bring your focus of virtue back
onto what is right in front of you.
Sharing does not have not through policies and and people that you
can't put your focus on is with the people right in front of you.
Immediate virtue. This is one of the biggest tricks of abuse and is
the difference between a satanic distraction and deflection of
virtue, and the prophetic way.
So at least we'll come and say if you want you want to be good, now
you want to come back into Islam. All right, why don't you get busy
work in Islamic State? And we'll get you now. Putting pouring all
your virtue into something far off theoretical, that has no nothing
that can be touched. Nothing can
MVC nothing that can be effective right now. Meanwhile, he, he does
that so that you can ignore what is right in front of you.
So that you can ignore the people that you have in your own home, in
your own community on your own street. Theoretical virtue is the
trick of Iblees. Good theoretical virtue.
That's the trick of release. And when effort is being poured effort
upon effort and time after time, hour after hour, is being
born or spent is being spent on something that is pure theory. You
made shaytaan happy he took your goodness.
And he made you wasted in imagination. It's out there in
nothing. But what he doesn't want you to do is to forget all that
nonsense. Why don't you look around
in your immediate circle who needs help? I
remember reading in an example where
shaytaan, where a man may Toba and his mother is lives with his mom.
And Iblees the this your trick this guy with this thing, he keeps
praying for his mother spiritual state.
Right. Mother spiritual state. And the Sheikh was like, Hold on
Doesn't your mom?
Isn't she working? Overtime? Right? He keeps praying for his
mom's spiritual state and a spiritual state something you
can't see. Right?
Is your mom work overtime? Yeah, she does. What do you do? Oh, you
know, I go to school and and I study. Okay, but your mom's
working overtime? years. She's a single mom. She's working
overtime.
Why would I worry about her spiritual state and we're in her
physical state. Right and her financial state. He said the right
path is forget all this talk about your mom's spiritual state, and
worry about her financial and physical state. She's exhausted
every single day. And that was like a big shock to the guy. He
was like this the last thing I expected, I thought the sheikh
would be all about the concern for her spiritual state. So we see
here that
there is imaginary virtue
shaytaan has deflected Your goodness. And then there's actual
infocus day to day virtue. Right.
Hey, Omar, why don't you swap the screens? Put me in the middle. So
I could be like, between the two of them? Yeah, there we go.
All right. Today, we're we got
issues need a minute. Okay, no problem.
What do you think about USC is not a common deflection of Iblees.
When someone becomes good, let's deflect His goodness into some
imagined imaginary area that has no impact on real day to day life.
And you debate people, you know, 18 year olds whose debates you on
the Khilafah 18 year olds who debate you are that yeah, George
and George is the Kazarian juice. Okay, what impact does this have
on anyone's day to day life? Right? Like, if you took that
energy and you put it into your home, your whole family be
converts, right? That all into Islam, see how good this could
because but it's bliss. It's one of the tricks of shaytaan to
deflect goodness.
And when you look at the prophets, what do they do? They come and
they're like, oh, that person needs a meal.
That person needs to help crossing the road this person needs help
moving show me one Hadith where the prophets of Allah when he was
setting them gives a whole long lecture
on there's a whole long lecture on the political theory of Islam
Yeah, yeah. So it's like something where if you look at the Naboo it
goes to what is right in front of you and that actually grows
whereas you could talk theory all day long it bliss is happy with
you
So Mama thinks this is true. Right good
all right, let's talk about this Willie while we now several minute
audio. I met this Woody in 1990s. Of course, he's the author writing
saying that he
No, no, not fat rose.
Sharrows
the author's writing this holding assuming seeing the signs of WIDA
in these people, which is okay when you say Heather Lee meaning
according to what I've seen, when Allah knows best, I met this Woody
in the 1990s while visiting the Zoja of Sidi Mohammed bin Habib.
Okay, he was intoxicated in his states, many very strong
spiritual states, and he would occasionally burst out into song
singing from the sheiks poems of love and the spiritual path. And
his States changed like the weather. One evening. He told us
that during the last few minutes of his father's life, his father
sat up and turned to him said, let's remember Allah. Then his
father laid down and died. And then he, after this, he burst out
into tears. I remember one time in London, there was a Bengali
brother who was whose grandmother passed away now he was in college,
regular college kid, and this witnessing the death of his
grandmother was actually a source of Toba for him. Okay. It was
actually a source of Toba because he's sitting there in the hospital
and he's just grandma's sick, that's all it is. And so,
towards the end of her of her period in the hospital, she had
set up, gathered the family around and she continued to c'est la
ilaha illallah on her Misbah, Cassie saying Allah, Allah, Allah,
Allah, Allah, and she got very strong and intense in the
remembrance, then she made a long dua for everybody really long, and
she was frail and sick, long dot for everybody in the family.
Again, look at the people of Allah what they care about, may you
finish school, may you find a good husband, you find a good wife have
a happy marriage. They're worried about the immediate circle. This
is the reality of odia. Right, the immediate
circle,
right.
And of course, we have concern for the moment to offer the OMAS is
something that's Mutlu.
But the immediate concern are these very simple things.
And then everyone left everyone was happy with that dua, and they
felt good that she's strong and looks healthy. And then suddenly,
then she died after that. And he may Towba. From that, like he
changed his life rounds, just because of the witnessing of how a
movement dies. And he said, That's the right path.
So be careful from this satanic trick. That once you want to
become virtuous, you want to do something good, that he then
deflects you off from day to day from actual true day to day
benefit of people into the realm of theory.
Use if even Mohammed bananas about 80 of FeS same. This is now the
brother
or the son of this first men.
The simple man smiled continuously so his his CIFA was it was always
more possessive always smile many years after taking his picture
turned to the Zoja I saw Yusuf and mistook him for his father, he
looked just like his father. With the passing of time their
appearance have become very, very similar. After we spoke for a
while, I realized my mistake and told him the story his father told
me when I finished relating the story he wept just like his father
did.
While visiting a beautiful old madrasa, a school in which Sita
Mohammed bin Habib taught as a young man, I noticed an elderly
man walk in quietly kiss each of the four walls and then leave.
These are the schools that had in Fez, if you go to these murders is
one of the
it's like the city weeps at the, at the emptiness of the schools
now, not only that, I mean, times have changed and people live they
need more modern facilities. But also these places used to be the
places where Fick was taught and Shetty I was taught and everything
was taught, and now they're empty.
With not only just the technological changes, but also
people don't study anymore.
Here's the one is CDs male Filoli infests FES. This is the man who
loves praising the Prophet sallallahu alayhi wa salam all day
and every day, I first heard about CDs made from a friend who
recounted a story that during a large gathering,
of what shall be sought strati referred refers to as the tavern
dwellers, she began to wonder where her husband and friends were
quick as a flash and without being asked Sidious made while standing
and lean leading vicar on the other side of the room, turned and
pointed to them. Many tell similar stories about him without doubt he
is a man of Allah constantly rooted in remembrance and presence
and illustrious notable affairs. He lives in a traditional fancy
house.
The traditional fesi house is centered around an open air
courtyard that overlooks the gardens of,
of one of the beautiful, beautiful garden in one of the hotels in the
Old City. He's a tanner by trade, and he is a deputy in the
spiritual path of Imam Muhammad of God, the author of the world
famous
It will Hyatts which is a lengthy praise of the Prophet sallallahu
alayhi wa sallam which can take three hours to recite CD is made
recites it every day. He finishes the entire Zillertal Hyatts. Every
single day. And here's a picture of his gathering here. On a
working trip to fez Sidious made invited us to lunch, and we
arrived with more people than he expected a driver and ministry
officials. Nothing ever fazes him. 10 foot cut off from the desert
had just began reciting the delightful Hyatts so he attended
to everyone's need while leading the recitation. Our government
officials did not expect this but slowly they began to recite along
three hours later, the most sumptuous meal was served for the
rest of the journey, and all the way to the airport or
conservatively suited ministry driver would ecstatically
turn to Allah and da up the top of his voice. So he's basically here.
Even some of these ministers are raised upon this they know about
this.
The next one is the
one of the most visited places in Morocco, which is the grave of
Mali, Abdullah Sonobe nama. Sheesh. Okay, we ready to go. All
right. So we'll stop here with that. And today we want to turn to
a practical issue, which is the question of inheritance, and how
it's to be distributed. And the main focus of today's discussion
is going to be what are the problems that
people come upon in this, so I'm going to be keeping the chat open.
I'm going to keep this chat open so that people can type in their
comments and your questions. So let's hop over and now we have
todich. And churros. Tata controls are two very well known lawyers in
the state of New Jersey, very popular guys. Shiraz has his own
reasons for being popular. And Todd has with us too. So welcome
to the Safina society nothing but facts live stream. How you guys
doing? Hey, finally, how are you? Very good. Very good. Very good.
Let's get this going off the bat. Why don't you begin with start
telling us, you know, tell us something about inheritance that
the Muslims need to benefit from and need to to understand properly
so that they don't fall into some pitfalls. Why don't you go first
Dark?
Sure.
I mean, I'd like to start with the story. Everybody knows, you know,
Howard Hughes. Howard Hughes is the famous aviator. He managed TWA
billionaire. He passed away in 1976, leaving behind billions and
fortune. And his estate is not settled until 2010. When When did
he die? 1976 1976. And it took 24 plus 1034 years, 34 years for the
state to be settled. And the reason why I bring up the story is
because first of all, Howard Hughes is a smart guy, right? He's
a billionaire. He's intelligent. He has a lawyer that is with him
the whole time.
There's a will apparently, and nobody can locate this. Well, and
this is something that I hear a lot commonly people say like, oh,
I'll just hand write a will. And I'll keep it or, you know, I'll
put a wall somewhere and they cannot locate this well, he writes
a letter, they find a letter to a bank, you know, that says please
find enclosed my will, but there's no wheeling closed. So they know
that it will exist somewhere, but nobody can find it. And because
they can't find it. The court just determines, well, then this person
has no well. And so when the person has no will, the court is
going to apply whatever the state law there is. And ultimately, what
ended up happening is that all of his wealth went to as many distant
cousins as they could find. I think there was like 22 or
something, and many of those came forward and everybody, every time
somebody came forward claiming to be a distant cousin or something,
then the court had to litigate that and litigate that, in that
litigation. Some people claim to be that, you know, some ladies
came and said they married, you know, he married them on a boat in
you know, in offshore, so.
So, like this thing litigated, and that's why it took till 2010
Because every single time this thing came home had to be
litigated, and it was just gonna have kids, his wife and kids. He
was married twice, but he was divorced and he died. And he had
kids, no kids,
no kids, no parents to two ex wives. So it just became so the
point of the story is that the person that has no control over
what's happening to his wealth is Howard Hughes. He has absolutely
no control and and this thing could have been easily easily
avoided and it just simple planning and simple structures.
Let me ask you this question.
Nydia after you die. Who is it your even your wealth?
It's not your wealth. I mean, in principle, yeah, I mean, what
you're getting into, by the way, I'm gonna, I'm gonna start with
saying this is a disclaimer that everything we say is not legal
advice. Yeah, general knowledge. If you need to go speak to an
attorney about your specific case.
definitely sounds like a lawyer. Yeah. Yeah, just just to harp on
that point. The biggest issue I think people don't realize is when
you die, there's inheritance rights that people have over their
God given rights, right? Your wife is supposed to get x, your son is
supposed to get x, your daughter is supposed to get x your mother,
if she's alive, your father, if he's alive, they're supposed to
get something that's not your wealth, right? It's I mean, it's
similar to when we talk about like a cat, right? When you talk about
the cat, it's, you're paying this a cat, but that's not your money.
That's like your wealth, right? That's something that's, you know,
supposed to be given to somebody else that's, that's owed to them.
And so I think a lot of Muslims don't realize the importance of
properly planning their state, they end up dying last minute,
right? Or unexpectedly, we don't know when we're gonna die, right?
Unless, unless you're really ill, and you have kind of an idea. You
know, you die in a car accident, you have no idea. Now what happens
now you leave your if your husband, you die, you leave your
wife, and kids, and now they have to figure out the whole mess
because you didn't properly plan everything. And so now you're left
with this messy situation. And now what you're possibly doing is
robbing people of their inheritance rights. And the
biggest thing I say is it's not just me there's plenty of other
Muslim attorneys that have brought this to me and we were talking to
Chef Haroon as well about this when I was with him a few weeks
ago, that a lot of people, a lot of Muslims have purposely don't
want a Sharia compliant estate. Or have Sharia compliant? Well,
Sharia compliant planning. Yep. And the issue is so so let me get
this straight, you want to go to your grave, with the last thing
you did is not follow the Sharia and rob someone of their
inheritance rights that Allah has given them. Like that's what you
want to do before you die. So it's becoming a problem, actually. And
the issue is that people don't really talk about it. I don't
think a lot of people know much about it. Because I think people
go in with the mentality. Oh, I'll you know, I'll take care of it
later when I'm old.
Let me ask you this. Before we get to my first question. When you say
in a state just for clarification, do you mean that a document
stating who your relatives your inheritors are, who your children
are? And what you possess? And who you're who? If your parents are
alive? Who are they identify them, identify your spouse, identify
your children, identify your brothers and sisters in case they
would inherit at some point, identify our grandkids in case
they have. So who are the inheritors? And what property Do I
own? What assets what cash? Where it all is? Is that what you mean?
When you say estate? So, you know, when you're alive, you're a
person, and you have assets when you die, you become an estate,
right? And so now the legal entity that was you that the dead version
of you is now legally called an estate, it has its own tax ID,
it's gonna follow us on taxes, it can sue people, it can be sued.
It's like its own entity. That's the estate, right? So it has all
of these capacities, and it controls the assets of the
decedent. That's, that makes up the estate in the state house.
Yeah, sorry. In the state has to when when someone writes this
document, it has to be notarized, right can just be a written
document typed up anyone could. So yeah, they're live. So in the
state of New Jersey, you have to have two witnesses, the two
witnesses have to be aware that this is a last will and testament
so you know that they can't think that it's something else. So it
has to be the last one testament. And then on top of that is the
witnesses have to sign a second affidavit, which has to be
notarized. All right, Tarik, here's the first question for you.
What is the main harm that people perceive in the city, the
division,
it could be perceived or real,
in specific cases, that they perceive regarding the division of
inheritance according to the Quran.
So in my experience from you know, I've been practicing this space
for 16 years now, what I've seen come up is two main things. The
first one is how assets are held and how much the spouse is
inheriting. Right. So if, if I own a home, normally people own a
home, they have it jointly with their spouse with their wife,
right? And when they pass away, that house just goes to the wife,
right? Sometimes people have other assets also they hold jointly in
the sense
in the Sharia distribution, the spouse is going to get 1/8 or 1/4
or something more like that, right, which is going to be way
less than
you know,
have, you know the house right? Or whatever assets they have. So
that's one distinction, they find, there's a couple other things that
go with the marital law, not just the house itself, there's a couple
other issues that relate because in the state law, in most state
laws, it is most beneficial to transfer almost everything to your
steps from a tax perspective, and from the perspective of interstate
law, and all that kind of stuff. So that's the one problem. The
second problem that I see is, people will have, they have sons
and daughters, right. And then you've got the sons get double the
daughters,
there was one client I spoke to, and, you know, they have a couple
of sons, they have a daughter, and they like, the sons are all well
off, and they're all established, the daughter is the one who's not,
and so she's kind of the one that needs it more, but that we got to
give her, you know, 1x, and they're gonna get to x. So that
was those two issues that I see come up the most. Okay, let's take
this practical situation now, because this is what really is
important, what hadn't how you can benefit everybody else.
woman lives in a house with children, man dies,
she now possesses 1/8 of the house, children now. And maybe his
parents possess the other seven as
well, how she's live on the mercy of her kids and the mercy of her
parents give us what it's, it's a reasonable harm. This isn't some
kind of like buckling against a shoe. Not a harm, I'm not gonna
say the inheritance is not a harm for sure. But she is in a position
that's compromised in the past, she would have like, male
relative, right, that would have taken care of this, we have harmed
ourselves, I should say, put it this way, in living in these
silos. Right? Given that that's the reality. What?
How is it that this woman can now go on living without now she's
just lost her husband, lost the income that he brought in a lot
now as to raise the children by herself. And now she's uncertain
about where she's gonna live? Yeah. So. So we were talking about
this a little bit yesterday. And the biggest issue is, you have to
apply the context, right? If you're living back in a Muslim
society, you know, like you said, her, you know, male relatives
would take care of her, you know, her brother or father, somebody
would take care of her financially, you know, take them,
take her back into the house, you know, help with the kids and
everything. Now, the situation that we live in, so we're living
in a non Muslim country, right? We the cost of living is insanely
high. Think about New Jersey, the cost of owning a house or buying a
house, I mean, how many people own a house outright 100% equity,
right, that's paid off, no mortgage, nothing. And then we're
also dealing with it.
Around, which is so in American law, we have basically a legal
fiction. And this legal fiction exists, where, let's say you have
the husband and wife on the deed of the house, if one spouse dies,
the husband dies, the entire
house now belongs to the wife. Now she's the sole owner, that happens
automatically upon death, Jersey law, or all states, almost all
almost all states. Yeah. So, so this happens automatically. So
again, if you don't have a, if you don't properly plan for this, now,
you could be robbing people of their inheritance, right? Because
she's only supposed to get an eighth or whatever. So the way the
way around it is, so like, there's one model you can do, right? One
model is you have like an LLC, owned the house. And then on that
LLC, the owners of it, or the husband has save 50%, the wife has
50%, when the husband dies, he can allocate it. So she has her 50%
Plus she gets the eighth. And then let's say he has two sons, they
get 25% Each of the remainder, and then they get put on that, you
know, and then they just have, you know, assuming your children, you
know, love their mom and want to allow her to live in the house.
They don't sell it off, and, you know, split the cash, but they let
allow her to live in it, but they have equity so that later down the
road when she passes away, you know, it goes to her children,
which are the same kids. And then if they want, they can decide at
that point, you know, do we want to sell the house or whatever, and
the split amongst us. So that's like one way to do it. You want to
talk about putting in a trust? Yes, talk about the trust
approach. I mean, the trust approach is the best planning
method. You know, from, from my experience, from what I've seen, I
know all the horror stories that we bring up the Howard Hughes
story, other stuff prints, all these other celebrities, anybody
that's had a major issue with their estates being in massive
dispute or these issues, almost all these problems will be solved
with a trust. And the trust is a very simple instrument, right? You
create an entity, which is the trust, and you're the grantor who
puts something into the trust, and it has a beneficiary, right, and
now you can control exactly what happens to this entity after you
die. But you've already put it into trust.
So two issues on the house thing I mean, one of my things that the
majority of people
Living in New Jersey, especially. But in America, in general is
usually like a two income household where the husband and
wife are both contributing to the house to the mortgage, right. So,
you know, naturally, there's going to be something where like,
Alright, we're going to put this house into this trust together.
And when one person dies, the other one's going to live it and
when the second person dies, it goes to the children, that's
normally how a trust would work.
And to me, that will make sense if, you know, if both people are
contributing to the house, not that situation where like the
husband, you know, is the sole provider. And you know, he has the
trust could help in that scenario, too. Because a husband could say
that, okay, this, this house is in trust, and it ensures that, you
know, his wife or his widow can stay in the house for her life.
And then after she dies, then you can control where it goes after
that. So then it doesn't fall into inheritance situation, that
doesn't make sense. So there's the thing about the trust that is very
flexible, you can do almost anything that you want it to do,
which is the key here, the key is controlled, because we are Muslims
living in a country that doesn't have the laws or our inheritance
laws, but But it gives us this ability to control but we have to
kind of write this out and, and take that control. So a trust is
something that is not private property anymore. It's in it was
an endowment that is now managed by the by somebody, initially, the
person who puts it into a trust, and therefore the rules of the
city of inheritance laws would not apply to a trust, because it's a
trust is
it's not private property. So now what happens if the if now let's
say the dad has this trust, and the terms are, we live in it
together, if I die, you live in it to the wife, and you're the
manager of the trust, and you have the right to live in it. If you
die first, then I just revoke the trust. The trust is no longer
trusting returns back to my private property. And then when I
die, it inherits to the kids by the rules of the city. Or
she she takes it. Now she's the manager of the trust. And she does
a trust now when when she dies.
It dissolves the trust dissolves into whoever she says Correct?
I'll make one more distinction just so you're clear. There's two
types of trusts, right? There's what you call the revocable trust
a revocable trusts, as you create it, you put stuff in it, you can
amend it, you can revoke it, you can do whatever you want to it.
And this is treated as like your alternate, right, it's treated as
like you but like an alternate form. So it has, you know, its ID
is your social security number and all that stuff. The second type of
trust is called an irrevocable trust. So if you put an asset in
an irrevocable trust it asset is not yours. So the state of
maturity, like the under state law, it's not considered your
assets. Right. So if I bought a house and and they want to do it
as a search on me, they won't find the house because it's not mine.
Right. And so for the Iroquois trust, you cannot amend it, you
cannot change it, you cannot revoke it, it's just kind of
exist. And so
the and it has own tax ID so you will have its own separate tax ID
and files own separate taxes, it will be a separate. So when when
you create a broken trust during your lifetime, you can amend it or
change it. Once you die. That trust converts automatically to
irrevocable and then a successor you so you would appoint a
successor trustee to come in this person, you know, you name like
one or two alternates, they come in and they take over the trust as
a trustee in roles. They can't change it. They can't make any
changes. All they can do is carry out what the Trust says that's
what would happen. Does the trust have to have a board?
A board? It's not a board, it's just a trustee. You can one person
you got to appoint multiple trustees, like a co trustees that
act together. Not
that that ends up slowing things down and creating more conflict.
But But yeah, you could appoint multiple trusts. Okay, let's say
hypothetically, you're in a situation, do both parents use the
house, die one at a time, mother's the wife was taken care of she
never had to feel that she's under the mercy of her kids to buy or
sell the house and she's not a co owner of the house. It's a trust.
She's the trustee she lives in it. Now she passes away and names her
children as the trustees afterwards, are they allowed to
sell the house and pocket that cash?
If they're the trustees and the beneficiaries, right, so the
trustee has the trustee is the only one that has the authority to
do anything with the assets, the trustee can add assets to the
trust or sell assets from the trust. But what happens to the
cash is determined by who's the beneficiary if the children are
the beneficiaries, then they can take that okay, so they would be
then listed as beneficiaries and trustees. Now I can understand the
for the wife, she's in a hostage and this trust element making the
house so
it removes her from that hostage if the husband dies, and she
doesn't have the income to support this house.
But once it passes from the wife to the kids now
that need is not there. So
Have you talked to any shield that said that, you know, when does
this end as a trust and returned back to now being dissolved a
court and but in accordance to the shutdown?
I haven't. I haven't talked. I think there's one other issue that
comes up first. Yeah. Maybe you can answer. And this we're talking
about this is. So, you know, the trust can have a trigger event,
right, the trigger event would be the death of the first person, but
the first spouse, so say the husband dies. The question is,
for example, if you have a revocable trust, because
essentially, you can take it back, right, you can take whatever out
of the trust, you can amend the trust, you can do whatever, you,
you own it, you're in control of it right now. That's from like the
American law perspective. In a revocable trust, you give it away,
like, here's an example I can make an irrevocable trust, I have a
rental property, I put in an irrevocable trusts, I can't ever
change it, the beneficiary are my kids, they get paid out from it.
That's something I gifted during my life, right. But it's not
triggered by my death. Or I can or I can do something where I create
a revocable trust, that rental property is going to go to my
kids, when they turn age 3035, it'll be set by an age, then the
property transfers to them, and they can do whatever they want
with it. Very good reference here. Now, when we have a revocable
trust against little tricky, right, from a video perspective,
because now if the revocable trust is triggered by my death, right,
and then say, you know, if I have a wife, it goes to my wife is the
trustee and a beneficiary to be able to live in that house. Right?
Because it's transfers, at the moment of death. Right? Or at the
moment of death. It's like, that's the trigger of it. I don't know if
that creates a shittier. Issue. Number one, yeah, that's something
I haven't discussed in depth with shoot,
shoot. And so that's something that needs to be looked into.
Then, yeah, the second point would be that now if the wife is a co
trustee, or if she's, you know, it's a joint trust, and the wife,
the husband died, now the wife passes away, and it goes to the
children.
Whether or not that creates a an issue, which should be good, but
it but it's kind of linked to the first part, right? Because if the
husband dies,
there's an issue of inheritance right there. Right, if it's a
revocable trust? So that's something I don't mean, you were
talking about it yesterday a little bit was how do you deal
with that? I don't know if you if you heard back from anybody. No, I
haven't heard back in terms of if the death if we establish my death
as a trigger to shift my property into a walk.
But one thing we do know is that the magic effect does allow for
the temporary work.
So the idea of a temporary work fizzle out, which is why the
rental property used as a masjid has the rules of msgid
rules a method applied because it is a temporarily a walk. So
somebody could say, Hey, everybody, my house right here is
a masjid for the next 10 years. After 10 years, it comes back into
my
possession. So that's, that's one thing we do know, that's where the
concept of a revocable trust does have precedent in the show. Okay,
now, let me ask you this, how many people have actually used this
technique?
You know, to to manage their home further in case that the man
passes away so that the wife could have a place to live without any
hostage?
How many people that have that we've dealt with? Yeah, like, do
you see this in practice? Or is it still in theory? No, I don't this
is. So the ones that I've done, this is the way that people have
implemented it. So the first spouse dies, the second spouse,
you know, takes control of it. When the second one dies, then
what they do with the trust normally is they just then
everything gets liquidated, and then distributed amongst heirs.
So that's, that's the preferred way of doing it for most people.
Sorry, can you repeat that again? So the way that we've set it up
that people have wanted to be set up is that the first spouse dies,
then the second spouse takes the house and just lives in it right.
And because the trustee remains the trustee, when the second
spouse dies, then everything gets liquidated, sold or whatever, and
then distributed amongst the children. I see. Okay. Yeah. Okay.
That's been the preferred method. In what percentages? Shadow
percentages? Yeah. Well,
you know, obviously we've done that for other people that but
yes, percentages. Okay. Let's talk about now. A lot of people feel
that their their sons are going to survive. I'm worried about my
daughter. I don't want her to receive a small inheritance and my
son's receive a high inheritance. Talk to us about that. So I mean,
I was just dealing with a client just recently and that was her
main concern. I have songs in there already established them a
lot. Bye
I have a daughter, and she's the one that needs it, she hasn't held
the steady job, she's the one that's not married, she needs
more. And so, and the advice is kind of the same thing, right?
It's the idea of, you can give a gift in your lifetime. Yeah, and
there's no restriction on that. But once but you cannot do
something to circumvent the distribution of after you die. So
I advised him the same thing, I said, Look, you can make an
irrevocable trust, right. So this is completely out of your assets,
you make an irrevocable trust, you make your daughter, the
beneficiary, you know, you be the trustee, or somebody appoints
someone as a trustee of it, and let her benefit from that. And
then
and then you can give in your, in your, after your death, you can
still make it, you know, 1x 2x, two, your sons and your daughter,
but she's already gotten this other interview was gift already.
So she has something else ahead of time. And then she gets that at
the end, all right, to give a gift to your son to your daughters, but
not your son also has some shitty question marks to write because
you have to be equitable. So
in that case, are you saying that you do it with the permission of
the sons, that the sons are okay with this?
I mean, my advice is, you know, just from a practical point of
view, you should probably do it with that otherwise is going to
create a lot of bad blood, and it's going to create more problems
in the estate management later on. So that would be just from a
practical point of view. But from a theory point of view, I think it
would make sense to Yeah, from a strategic point of view, there
needs to be equity in the gift giving. Right? Unless someone four
goes, right, yeah, unless the the one says, Yeah, I understand the
situation I forego. I don't need it. Right, I forego it. Okay. And
I wonder even if that has discussion, or regard on it,
because there could be how did you there how to just like, I'm
embarrassed to say no to my dad, right? Or I can't really say no to
my dad.
Yeah, I mean, look, in the state law, you can have like the you can
point whatever point your shares your point, the your heirs who are
going to inherit later on after your death, they can disclaim
their share, they can say, Look, this is what I'm inheriting. But I
don't want it I put it back in the pot, and you're gonna have it.
That's that right. But the problem is that that disclaimer cannot
happen legally. Until that moment. Someone can say verbally. Oh,
yeah, I'll make sure we take care of our sister or something like
that. Yeah, that's not that means nothing. It means nothing. Yeah.
Later on. Yeah. Okay, talk to us more about some of the wisdoms
you've developed over the years that can benefit people regarding
inheritance.
So the biggest benefit, the biggest wisdom that I can say is
planning, planning, planning, planning, and then there's
planning of all sorts. So first, we talked about making sure that
you can plan in such a way that you can ensure that your estate is
taken out is distributed through Sharia means, right. So whatever
that language is, we can put that into a trust document orrible
document and ensure it like so I've been doing things like
alright, this is going to be your Sharia distribution, right? This
will be your Sharia distribution. Well, what happens if, by the time
you die, this changes, right. And that changes what the distribution
will be. So I mean, the method that I was using was, I would
literally put in a chapter from a book of tech like glass of the
traveler as an exhibit to the world, so that they trust so that
the executor or the trustee can look at it be like, alright, well,
this situation change, but let me find my situation in this chapter
and then determine it. And this would be completely legal, because
the court, the law is that they will, the courts will try to see
get to the intent of the testator, whatever they. And if you can make
that intent as fair as possible, as unambiguous as possible, then
it's very, you know, it's going to happen according to what you said,
right? So having trusts in place is is going to, so you can have a
will in place, and it can do that. The will is a document that we're
going to, we're going to draft it up, we're going to sign it, and
we're going to put it away, and we're not going to look at it
again, until somebody dies, right? And then when you die, then this
document gets unsealed and brought out and then we got to go to court
and do all this stuff. And the court has to look at it, they have
to prove it isn't that. But a trust is a document that once you
create, it creates an instrument that's alive and living at this
exact moment, right. And so what you're doing is you're you create
the trust, and you put everything into it. It's a living document.
So therefore nobody come back later on to say, like a will can
be disputed. You can say, Look, this person when they drafted this
will didn't have mental capacity. Right? When they died, they told
me XYZ Oh, there's another will, and that they drafted this other
will after this one and all this stuff. So there's a lot of ways
that you can dispute it. And even though those disputes are
defeated, they will ultimately cause a lot of
delay in this process. Yeah, you'll see this come up a lot with
disputed wills specifically. So you'll have somebody maybe was a
caretaker for somebody older, and they kind of like forged or will
they just make a fake will and then you know, forged that
person's signature that somebody else comes in says no, I found
this document. This was this person's will. Now you're battling
in court for like six years, seven years. By the time the assets even
get distributed and the people that were supposed to benefit
can't benefit. So you really want to take care of this during life
while you have your
for mental capacity, and you can plan it like way ahead of time.
And then you can always adjust your estate plan later on, when
you're older, you might change it after you have some more grandkids
or whatever, but you want to take care of it as early as possible.
I think that's really important. Good. Tell me about 401 K's that
sometimes
stipulate that immediately it's going to go to the wife.
And it's not going to be divided up in inheritance, which could be
an issue, sometimes the wife is, it could be like a third wife or
fifth wife, that a guy has any as other kids, she's not going to
care as much just hypothetical question. They're like,
what happens for most of them in that regard. So 401k is, is you
just need, you can name the beneficiary on any kind of
retirement plan. So most people will just stay in their spouse,
but you can also spell out who should inherit from it. But it
gets more and more complicated, the more and more complicated your
thing is. So what you can do very simply, is just make the
beneficiary of your 401k your trust,
I see. Okay, so the money just goes into the trust, and it gets
distributed through there. And then everything is taken care of.
And the thing is that what we do is when we do a trust, we also do
what they call a pour over will. So in the Will It doesn't say
anything, except that everything not in your trust will pour over
into the trust, right. So the will references the trust. And that's
why it becomes very impossible just because you executed this
trust in the will the same time, the will references this specific
trust. And so it becomes very impossible for somebody to come
later on and say, Oh, they didn't have capacity when they did this
or didn't mean to do this. Because this is a living instrument you've
been you had it when you've been managing it this your whole life.
And the wills are referencing it. So it becomes impossible to do and
then everything goes to the trust. And in the trust. We put we spell
out all of the Sharia distributions in there. Don't you
have to give away a certain percentage of a trust every year?
That's for private foundations for foundation that's a private
foundation, that whose purpose is charitable, right? And because
because they're taking a charitable deduction, there's a
requirement that they have to distribute 5% or 10% every year.
Okay, this is just a question. Let's go to the questions from
from our audience here.
What age would you recommend someone start a will.
So my recommendation is that every one should have a will,
as early as they have anything, any kind of assets, right? But you
want to make sure you have the will and in place, if you have
significant assets. And by significant I don't mean like a
million dollars, but you have something more you want to you
want to put a trust together and start putting assets in the trust.
Particularly if you have property, you have different books, and you
have all these different things, right, because each asset, imagine
each asset is like a brick, right. And you're carrying all these
bricks, your whole life individually. When you die, all
the you you're dead, and all these bricks are just kind of laid
around, and then they're frozen, nobody can touch them, we got to
go to court. And we got to do this. And we got to do that before
we can even get to these things. But a trust is like a bucket,
right. And we're just putting all the bricks into this bucket and
you're carrying this bucket. And then when you die, you just hand
the bucket off to someone else to start distributing immediately. So
this instrument is good is when you know, once you start having
assets of any kind, you should start setting up a trust in a will
package and have it going because once you set up this trust, we
usually extracted in a way that you don't have to keep changing it
or revoking or amending it, you can just go on with this trust,
because the way we did it is very flexible. And then you can just
kind of go on with this, when somebody gets a lawyer for this
too, there has to be in the same state.
You want to make sure that the trusts and wills are are executed
in accordance with the laws of the state that you live in. So a
lawyer from your state is gonna know that if a lawyer from
sometimes lawyers practice, I've done that I've done stuff from New
York, New Jersey, Florida as well. So I know, I'm familiar with those
in those states and can do it, but you should go with the lawyers in
your state. Okay. That's where it's gonna end up. So if there's a
dispute is gonna end up in court. So those dates, okay. All right.
Next question states.
Would it not be feasible to legally have the house in the name
of the mother, but Islamically, it is known that the respective
allocations are correctly allocated. So this question is
basically asking, Can we have a concept that something is legally
in the name of, of somebody with the civil government, but we as a
family know that it's going to be distributed in this manner? I
mean, that's sort of like a shitty question. And it's a legal
question, right? I mean, I mean, you can, like, for example,
somebody was sick and they know the husband's sick, he knows he's
about to pass away. I mean, he could just, he could just do a
quick claim deed and transfer the property to his wife. Right. Now.
She's 100% owner, he gifted it during life. But again, that's a
video question. I don't know in this video. He's not allowed to do
that. It wouldn't be valid to affect to alter inheritance on the
death. But
yeah, and anything like within one year he dies from that, or he dies
from that sickness. I think the different methods may define the
deathbed illness differently. But
anything that would alter the inheritance done intentionally,
that on the deathbed would not be valid. But
I think by Shetty,
we don't separate between these documents unless the State forces
you to write. So let's say person is unaware that the state has its
own law. And then the state then says, no, no, no, this whole house
is going to so and so.
Then in that case, we would say no, okay, that you got stuck with
that. Now you have to distribute it properly. It's on you to
distribute it, but we can't possibly write a civil document.
Stating one thing, while intending another thing, it doesn't work
when you write a civil document. That's what the document is.
That's what the ownership is. So that's the answer to Nexus
fulcrums. Question. That sounds like a neat startup. Oh, got you
got a question?
Yep.
Yep.
Okay, come sit here. So you can talk. So So did you guys hear that
question? He says, Now let's talk about let's talk about owning a
business. Sure. I'm a partner in the business 50%. And churros has
50%, then
I die? Does my 50% How does it get treated? Yeah, so this is this is
something you have to plan as well, this is part of this is kind
of essentially part of your estate planning. So when you set up a
business, let's say you set up an LLC, right, you'll have an
operating agreement that lays out what happens in the event that one
of the owners dies, right? So say, say I pass away, me and your
business partners, my 50%, there's a couple of different things you
can do. Right? So one could be, let's say, my, my family is going
to inherit my 50% share, we could have a clause in there that says,
hey, look, okay, these are not sophisticated people in this
business in this industry, so they're not going to actually help
out with this thing. Right. So we're going to do is, you know,
Dr. Shetty will continue running the business. And they will only
collect, they only have an economic interest in the business.
So when one makes a profit, they get 50% of it. And then it's up to
them to split it amongst, you know, amongst their family, but
you continue to make all the business decisions, that's one
thing. Another option is you can have where in the event that, you
know, in the event that I die, that you have the option to buy my
equity at fair market value, right. And then when you buy me
out that, you know that that money goes to my family, yeah. So that's
another way to deal with it. And then the other option would be
that you name a successor. So let's say I have a son, he's
primed and ready to go to help you, you know, he's been learning
this business, he's gonna take my place, so I can name him
specifically. And then he takes over that 50%. So there's a couple
of different ways that very good, so they they have the Huck, it's
inherited like anything else. Except that they they may not it
may be written in a clause that they'd have no managerial rights.
And that if they and that there's an option for you to for my
partner to buy them all out. Good. Next question. You may own the
structure but not the land that it sits on.
Okay, I think they're, they're having another just descend on the
discussion. Here's another question from all Mayer Malik.
Does the trust have to follow the Islamic inheritance distribution?
This is what we talked about earlier.
Does a trust have to follow inheritance laws?
The trust is a trust is not a private property anymore. It's a
walk
from, from a legal perspective, from a state law perspective, a
trust is an instrument that's that you create that will do whatever
you want, so it doesn't have to follow any particular laws. Right.
So famous example, Leona Helmsley, the real estate magnate in New
York City, who part of her state was the Empire State Building. She
left $12 million to her dog.
Remember that? Yeah, remember? She's insane. Yeah. So you know,
you can do that you can create a trust and leave it to all kinds of
stuff, right. So and that's something that people can also do
right. So how we draft the trust is whatever you want. So we can
draft it from a point of view from a Sharia point of view, say like,
okay, look, I want to have a 1/3 of my Hosea you know, going to
some charitable
organization organizations right, and then the remainder, which is
the inheritance will go according to the Sharia distributions. We
will have to spell that out in the trust and they will follow that
but the trust itself, how it gets distributed is complete.
We up to you, which is to our advantage because now we can
manipulate it, you have to think about this. First of all, it has
to be made to trust while you're still alive. Number two, a walk,
let's say a masjid,
that Masjid no one assumes that it's that when we dissolve it,
that it's going to follow the inheritance laws and be dissolved
to the inheritors of the board. Alright, no one assumes that it's
not a company, it's not private property. That's the key. It's a
wealth. Now, to use the wealth, how you use it, if you're, if it's
a healer, and you're just trying to circumvent the rules of the
shitty out without a need to do so.
Okay, when I say need to do so there can be a legitimate
situation where you want to ensure someone's livelihood, for example.
And of course, everything's insured only by Allah. But
speaking in worldly terms, but I think that you have to now just
look at if that has just gone. Are we just playing games that goes
back to the person's intention?
That's fair to say, right.
All right. Next question. Could you also split the theoretical
value of the house appropriately. And if an agreement comes between
all the inheritors, then they all input the percentage of
inheritance received on the payments.
So I think he's saying that, let's say you have a regular
inheritance, Mom inherits 1/8. All of us inherit seven eighths, but
Mom inherits a whole bunch has a whole bunch of cash that she could
buy us out basically, from our percentage. Of course, they could
do that. If I understood him correctly, right? Yeah. Yep. Not
sure if you guys
are trusts the comfortable. What is the status of Zika with trusts?
To try trust, trust a worker does not pays a cut. It's not a
it's not a person's wealth.
Right? I think that this would be a distinction between a revocable
and irrevocable because in a revocable trust, you can still
benefit from it, you can amend it, you can change it, you can put all
your assets in there. So it could become if you didn't pay as a cat
on that you could use it as a means to bypass a cat. Right. But
it revocable it's out of you're completely out of your control,
right? It's not your asset, it's not considered your asset. You
don't have control over it.
You know, there, I can see it. But you know, that's why it really
calls for you to go back to the intent. Because you can easily see
the intent, the misuse of a trust, right, you can easily see that.
And you can easily see it as a solution to a contemporary problem
that we currently have. Right? So that's where it really has to go
back to that intention.
Is there a way to stipulate that the trust will be distributed
according to certain FIP? Well, he said already that the trust can be
dissolved, however, the person puts it in.
very clear, very unambiguous, so we can't just say, distributed
according to Maliki back, because, you know, your successor trustee
has got to figure that out. And if they can't figure that out, and
then people are gonna start disputing Well, according to my
inelegant check, is this in accordance with minus this and
this minor minority opinion there? So you have to be very
unambiguous. So I literally state the things that if there's
something you can attach as an exhibit, like chapter one, we can
do that. Very good. Very good. All right. Aslan. Ogden. Malik says
it's 218 in Malaysia. What time is it in Jersey? I think we're
exactly like 13 hour difference, right? 12 hour difference. Okay. I
was shot Shah says pleasure meeting you guys. You guys met
yesterday at the Muslim Bar Association in New York.
Joy asks the questions is important topic. Thank you so much
for Zack Lohana forgive it needed attention. Can the brothers
advising today kindly post their contact information? Is that for
law or for other purposes, because we know SROs are single.
Jersey knows that right? Okay, so send us an email in Faustina
cited.com.org For that purpose for your purpose legal your your
company what's it called? Your firm? Our firm is Emma then
Hussein Law Group. And the website is safflower s ath la w.com All
right, you shouldn't What am I not make Assef law you'll get a lot
more
job before. The only reason we did that was because Amazon hoosain
are so common and there's so many law firms with Amazon Santa Ana we
couldn't get the domain name otherwise so it's what is the
What's your my initials and th which are his initials, law. That
was a unique name we could get out short. Good, good, good. Jovita
human rights does a child have when he sees his parents openly
biased in wealth towards other siblings and excluding one child?
That's not him. That's oppression and he could make
We don't know if he can complain to anybody. But that wouldn't be
right. I don't know what what rights he has. And in American
law, he has no rights, right?
You can just you can, anyone you want. Good, you can disinherit.
And in life, you can give to one and ignore the other as much as
you want. Let's talk about before I get to this question.
Can someone refuse inheritance?
I mean, you could just give the money away, right? Yeah, you're
gonna know you just don't cash the check, because that's what you
could do in state law, you can disclaim it, you would have to do
that. And that normally happens for tax purposes, like somebody
doesn't want it because this is going to put them above the money
is going to put them above a tax situation they don't want to be in
so they'd rather not have the money or the assets, right?
Especially if it's if it's an illiquid asset that doesn't have
cash, and it carries a lot of tax burdens with it. So they may just
say, I don't even want it. So they can disclaim it at that point. And
then what happens to it by law, then it goes back to states with
the state, the state can keep it or the state can try to sell it,
or the state can also display it and just say, Look, we don't want
anyone who manages the estate, the lawyer, the guys lawyer, the
trustee, so the person will name so if it's a trust, it'll be a
trustee, it is just a well, it will be an executor. And that
person is appointed by you appointed, and that person could
be like a family friend, could be a son who's old enough. It could
be your wife, it could be anybody. Usually it's somebody in your
family, then they will hire attorneys to go out and help them
with it. Yeah, good. Ubiquitous says in Hanafy, FIP. A child
cannot forego a gift in terms of when the parent is giving out
gifts, everybody, the parent cannot question the child say,
Hey, you mind if I just give your sister this nice? endowment? This
nice walk, and you don't take anything? Because you're well off?
You're putting a child in an impossible situation. If he says,
No, he looks selfish. If he says yes, then we may think that he's
just embarrassed in front of his debt. Right? So there's how to So
he's saying that he must take it, the parent must give it to him,
and then he could give it away once it's in his possession if he
wants to. Okay, good question.
Good response, are you because hey, Omar, had you heard this
before? And Hanafuda? This is what this is what it
sounds right to me, because there's a lot of knowledge there.
Okay, good speaking the mic. Open this gentleman's microphone. My
question is, is that with small personal items, like your phone,
your clothing, and even like, pieces of paper plants you own?
How does that get distributed? By should you buy? Should you sell it
or just like everything is distributed? I think that the I
don't want to say it's specific, but
those personal effects, they are inheritable things. So everyone
has a portion to it. And I guess once it reaches that granular
level, like
these mundane things that don't have much value, except for
sentimental value, then I think that they just agree to distribute
it how they wish, if there has no value to it. Intrinsically, it's
just sentimental value, then I'm assuming that I have to double
check that in terms of FIP. Yeah, what's the law on that? When we do
like, so when I draft a will, what I'll do is I'll a person can
maintain a list of items that have sentimental value, like a photo
album, or something like that. They don't really have any type of
monetary value. And they can just say, you know, this, this person
should get this, but they can just maintain that list. And that will
be incorporated by reference. As far as personal facts that have
monetary value, normally just do an estate sale and liquidate it.
So if you've seen this around, you've seen estate sale. That's
all it is just you know, all the little things you put up for sale,
you liquidate it, you take the cash and you distribute amongst
the heirs. Very good, very good. And Sherry, can you appoint a
trust caretaker for someone that is unable to make decisions due to
special needs?
And to ensure they're not taking care of
think that's for sure any, it's going to be the dad first, then
the mom then you know, the next of kin after that.
It also raises an issue because part of the planning is also this
part, right? Because you could be you anybody any of us could have
have an issue where at some point, we don't have capacity, but we're
not dead yet. So now the world itself doesn't apply. That stuff
doesn't apply. So you have to appoint someone to make decisions
for you and to carry out tasks while you're incapacitated. So
there's a different instrument for that one, right? It'll be a
durable power of attorney. So that's something that we also give
to people to make sure they can execute that. And then there's
another one that deals with your healthcare decisions like who's
making healthcare decisions, why you cannot and so there's a health
care proxy which also appoints someone to do that. So I can I can
appoint my my my doctor's son to be my health care power of
attorney and my accountant daughter to be my finances Power
of Attorney. What is the durable power?
Joining. Yeah, so power attorney, you give power attorney someone to
sign on your behalf a durable power. So that power of attorney
would be ineffective. If you were incapacitated, a durable power of
attorney would be still effective even after you have some kind of
incapacity, right. So for example, it's like let's say I can make it
to a closing, I need someone to sign for me, I can just give them
a power of attorney. So they can go to that particular closing and
silence. So it's a very limited power of attorney is just for this
one purpose, right? A durable power of attorney is like, look,
you can you can manage all of these non medical affairs. As many
you can, you can you can list out all of them. They're all non
medical, and you give it to somebody and it's durable in the
sense that if I become incapacitated, you still have this
power of attorney. So whether I'm awake or in a coma. Great. That's
durable. And and then there's the limited one. So you have power of
attorney for this deal only. Yeah, right. And up to this amount of
money only. Right. And then there's the health care power of
attorney, which is just for health. That's right health care.
And that only kicks in when you are incapacitated, so that when
you cannot make a medical decision. And you know what we
know what kind of treatment you're getting. Now there's the ultimate
medical decision, which is the pulling the plug decision? Yeah.
That's the decision, you yourself would make it that document. So
nobody, you wouldn't appoint anyone for that you would make
that decision yourself in that Doc. But I can imagine that
there's a there could be a person who's old enough, that requires
somebody to make medical decisions for them while they're still.
They're still alive and aware. But they're just
not aware enough, or don't care enough. So we I mean, I don't know
if I don't Yeah, well don't care enough? I don't know. But if
they're not aware enough, because they will still say that they lack
capacity. Okay, from a legal point of view. So, so but is there a
spectrum, like, someone may be able to hold a conversation,
but not sit with a doctor and understand what's being said for a
while? How do How did how do people determine that that's gonna
have to go to a judge? Yep. If somebody is over 18, and they are,
they can pass as like, you know, they go to it in front of a judge
and pass as like, they're the, you know, they can be I mean, they're
out there. You know,
I've dealt with this to this issue of like,
you know, what, if someone needs to be in an institution,
involuntarily, that's gonna be a decision a judge is gonna have to
make can this person does this person pass as they know what
they're doing?
I'm sort of kind of sort of being facetious, but I'm actually
thinking this might actually happen someday. What if a guy says
I want
the remaining shares, remainder share two thirds to go to my son,
two thirds to go to all my sons, and one shares for each of my son
and one share for any my daughter's right. And then a
daughter comes before the court and says, identify as a guy.
Well, well, you can name specifically by name, you know,
initially, at least initially, and
you can't leave it vague sons and daughters. I mean, that would be
left vague. One share to my daughter to all daughters, two
shares to all sons, what if you like to think that will come up in
a situation where you had asked a bunch? So you execute a Will you
say, Look, this is what is going to be for the people who are alive
and any after born kids, right? Then if the after born kids who
you didn't name because you didn't update it?
That could happen? Well, you said that it goes by the intent of the
the guy the the deceased. Right. And he intends to understand how
he intends to understand
gender. And you're right. That's a thorny one. I mean, it's not it's
makes a good for a good joke, but I can probably see this happening
at some point. It'll have to be litigated. Yeah, it would. It
would be litigated, and it would depend on all the facts and kind
of okay, very good.
Optics team is very appreciative of what you bring here. Good. All
right. Harris says one air wants the house, one air wants the
jewelry.
This is a shoddy question here. And the answer to that is that
doesn't matter what they want. Every air inheritor
deserves a portion of every asset. So let's say the guy's got a
company. He's got a house, he's got cash, he's got jewelry,
all of great.
Big amounts. Every single inheritor deserves their share of
each. We can say, girls, you take the jewelry, guys, you take the
cars can't do that. Right? Because you assume that that's what they
know, because they might not benefit from that. Right? So the
gold Yes, he may not wear it, but he may sell it. He may not wear
it, but he may give it to his daughter as a gift someday. So you
can't assume it's not by assuming who's going to benefit from what
and it's not by assuming the value of every
You think because I could change, and it's not by what the
inheritors, like, so I really want the car. So afterwards they could
do that. So after you you earn dessert have one half of the gold
Do you have one half of the of the luxury cars after you guys own it
make with whatever trade you want after that, but you must take
possession of your percentage of everything, which is the housing
market might go up and the gold goes down. So then
iniquity happens if Yeah, go up.
When it comes to debt,
does it go to the trust? Or? Because in the Sharia, the way it
works is that it comes out of the Will the debt roll? Before it's
inherited? If you have a debt, yeah, so how does it work? Well,
who inherit who earned the debt? The person who died? From what
wealth from his own wealth that's that gets inherited? Yeah. So it
goes from there, we're not going to come from the trust, right?
Because, because I'm asking about like, the trust rate setup, since
he talks about putting all of your inheritance in the trust. So how
does that feel the trust is going to be the main, so if you have a
trust set up in this particular fashion, I mean, there's different
types of trust. And you could use them differently, right. So like
we don't, we can do asset protection trusts, where he's
like, hey, I want I want this money, but I want to protect it
from creditors or whatever. But we're talking about like, a
revocable trust with the pourover wills, the trust is the one that's
administrating your estate, the will is not doing anything except
for the trust. So it's like the trust and well what we're talking
about here, these are the state instruments that exist, that allow
us to carry out what the Sharia distribution would be in a way
that's most efficient in a way that makes the most sense. In a
Sharia country, like the West see as what you would have written
down, everything else goes through the Islamic law anyway. So you're
gonna subtract
burial cost, and that's then everything pours into the trust,
credit, you're also gonna have taxes, Oh, you gotta pay
taxes. And just quick point on this, which we didn't I don't
think we really got into another part of your state planning is
planning in a way that can help you save money on your taxes,
because also you can get hit. If you're inherit something, you can
get hit with more taxes or less taxes, depending on how you
inherited and oftentimes it's better to do that to a trust,
there's, you know, more tax benefits. So you want to talk
with, you know, a tax professional about planning that out? Did you
give me a quick idea what the federal and state taxes are on
when it when a death occurs on both the deceased estate on the
estate and the IRS this recipients? Yeah, the estate tax
has an exemption of 13 million on the federal level.
That means that everything under 30 million is not taxed, anything
above 13 million is going to be taxed. Right, shoot, I'm going to
be taxed. So people are
people have been pretty like laid back, because like most people
aren't going to meet that threshold. But the problem is that
that 13 million exemption is going to sunset in 2025.
And what's it going to be replaced with? We don't know that that's
going to depend on the Congress, the next is coming up Congress. So
it's gonna it's gonna depend heavily on the election this year.
So Congress will then either vote to, you know, maintain that 13
million, or they're going to bring it down and, you know, you know,
which one's gonna go depending on which party wins, but there's a
strong likelihood that this could also come down significantly.
Right. And then there's also state exemption, and that's also lower
right, the state exemption, New Jersey used to be 670,000. It's
higher now, that could also come back down. So these things go up
and down, based on, you know, Congress and Senate and all that
stuff. So, you know, you got to make your plan. According, you
know, you got to make a plan to minimize any kind of tax burden as
much as the 670 1000 is a lot of people are going to have that. So
what's the percentage of tax on that? It's higher on on
six it was before now it's raised higher. I don't remember the exact
number but I'm saying it could come down. The tax above that is
very high estate tax is very high. It's like, think the federal
estate tax is 40% 40 percents famous case of James Gandolfini,
who left he planned his estate poorly and left 80% exposed to
estate tax. He paid 55% total state taxes. Here's the thing that
he didn't pay that they stole from him. He stole it. Yeah. What is he
an actor for what for? Sopranos? Sopranos? Yeah, New Jersey, New
Jersey guy so yeah, it's a fake mafioso, you should had that stuff
tucked away. Somebody bags between the body bags, and some shoes
would say that it's your obligation to avoid paying taxes
as much as possible.
Possible. I mean, I mean, that's not something that this is theft,
right? In our in our * stuff. If someone is an only child
and the parents pass away, that only child doesn't receive the
entirety of the inheritance. However, can those parents gift a
large portion of it prior to death?
The answer is yes. Because they don't have to but not
On the deathbed, they have a car accident, they're still alive on
ventilators, then they gift away all their money not allowed.
Right, just gonna be a hold on that gift. And if the guy then
marries another woman real quick, so you can inherit one if
the marriage is valid inheritance does not apply to her, anything
that happens on the deathbed is not going to apply. And that's a
good case, if you have like an only child where you'd want to set
up a trust that might you know, where the property transfers after
a certain age or they gain control of it after a certain age.
Situation use that, right. So you could put a put the money in a
trust, this is this is your property, but you have the right
to act upon it. And use it at the age of 22. Yeah, you can also have
it payout distributions yearly, or quarterly or whatever. So you
know, they get like, you know, $1,000 every every quarter month
or something. Yeah. Or every month, they get a certain amount.
But then after they hit the age of like, 32, they claimed they didn't
have control over what they want to do. Very good. Yeah. Tell them
Sansome What did we change the situation? No longer she's an only
child say she has a brother doesn't matter if multiple
children and do decide to give
equity.
She they have to three kids. They cannot gift one and ignore the
others they must give equally.
Harris says are the Sharia certified? Are there? Sharia
certified lawyers? Is there anything like that? So you guys
are part of the Muslim Association? Do you guys have a
standard of knowledge that, let's say in this subject? Is there a
bar exam for inheritance in let's say any method? That would be
good, like just privately amongst you guys. So you guys created a
bar, where you want to talk about inheritance? Have you passed this
examination that you we know that you
can now speak on this matter?
That's basically what he's asking. Yeah, I mean, look from from a
structural point of view, from like an infrastructure point of
view, there's a lot of things that we could do that would benefit to
get into the even when we talking about trust and estate. So having
Sharia certified lawyers would be great, right? Because you know
that you have this baseline of knowledge. And then you have the
knowledge of the state law and federal law that you need to kind
of mix it together. From my experience. My My experience is
not as it's just I've experienced with Sharia law and inheritance
and a knowledge of US state law. So I can I can implement it. But
like, ultimately, I'm going to do what you want, right? So if you're
my client, and you say, like, my Mufti says, X, I said, Okay, I'll
do we'll do X for you. Someone says, oh, you know, my, you know,
Sheikh said this, and I'll say, Okay, we'll do it that way for
you. So that's, that's kind of what we do. Well, we have an
understanding of what the implications are. And sometimes
people ask us for stuff that we think it's worth this is clearly
outside the bounds of Sharia. So if you want Sharia Well, what
you're asking for, and it usually comes in the form of, you know, a
person is married, who was married, had kids with the
previous wife hasn't is married now. And his new wife wants him to
disown his previous children from from the state that we'd like this
is clearly outside of the bounds. And you asked me for sure we will.
But you asked me to do this, you know, there's absolutely no way.
So from a from a professional standpoint, you advertise
advertise your service as a studio will. And that's what allows you
to not serve as a person who wants to contravene the shittier.
Yeah, I mean, look, if somebody comes to me and says, This is what
my Sheikh says. So my thing is, I look, I'm not a sheikh, I'm not a
scholar, if your Sheikh has XYZ opinion, I don't know I'm going to
do what you want, right? But if somebody comes to me and says, I
want to share well, but I want to do also I want to disown my
previous child, I can be like, Hey, you're not getting a shirt.
Well, there's this, there's not going to happen. So So that's the
kind of stuff that we see. But the other thing that we from, from a
Muslim and from infrastructure point of view and a community is
that what happens when there are disputes inheritance, when there's
a will there's not a well, or there's a trust that's not drafted
properly, something like that, and disputes arise. These things don't
have to go to court. These things can be arbitrated, and you can
include arbitration clauses in the wills. And an arbitration could be
done by somebody who is a chef or a Mufti or somebody who has Sharia
qualifications can be the arbitrator, and they could be
named and you can, you can have an institution that has, you know, a
roster of arbitrators, right, and you just in the will and the
trust, you can just reference this institution and say, Look, if any
dispute arises, it will go to arbitration, and arbitration is
binding. And the state law allows the arbitrator to a binding and
these are infrastructures that, you know, we can easily set up and
it would benefit everyone. Common question here.
father dies is American estate is distributed, but his properties in
Egypt or Pakistan?
Are not that's something that the US lawyer really I don't think you
have anything in your hand for that. Right. So that's up to the
individual that he's gonna have to work that out in each of those
countries because they're gonna have their own laws. Maybe if it's
a Muslim country, it's more easily done, because they might just
naturally follow that even if you don't have
Like, whatever, but then you're gonna have to balance that out,
you're gonna have to figure out all your assets and make sure
they're divided in the correct manner. Very good. Very good. All
right, let's go to
writing a will. What is a practical method of writing a
will? Do I sit up my computer? And just off the top of my head? Say I
got 20,000 in Bitcoin? 20,000 in coin Base 20,000 in stash? Or do I
need to provide the receipts? Do I need to provide the logins? Right?
Like, what is the value of $50,000 in coin base, but no one has a
login?
Yeah, I mean, well, the first thing is, the ideal situation is,
you go to a lawyer, and you tell them what you what you want, and
how you want your state to be distributed or divided. You
sitting there drafting it by yourself might not be the ideal
thing, because then it also more likely to probably be disputed.
And then what happens if you if you just had a will, the executor
is the person that has to now find all your assets, locate them, and
figure out okay, how can I utilize these, what's the logins, figuring
out all that stuff, that's something you want to plan ahead
of time and kind of have that written down as a procedural plan
for in the event that I die this is because you can have access
codes and logins and all that kind of stuff. You can imagine them in
the headache. When someone if someone were to immediately die or
immediately go into a coma, Do you how many? How many things are at a
standstill just because of logins, even your electricity bill, even
you're paying the taxes, right? Everything is now by codes and
logins.
Forget the assets, just the stuff that I have to pay, you know, to
keep up the upkeep of the life in the house and everything. Yeah, so
I mean, nowadays, that's become big issues of now we do that we
have what's called Digital estate planning. So you plan for your
digital assets? And how that thing can be, you know?
And does that involve, like, some kind of,
I don't know, safe place for them to put all their passwords. Yeah,
you would have to come up with some sort of mechanism that your
executor or trustee would be aware of, or would have access to
someplace, and then but you have to keep updating it. And then
there's ways obviously from the, you know, the to be able to have
the information available to to access these things, right. So
like, if you somebody dies, and you can, you know, you can take
control of their Facebook account, you know, just by showing certain
things and saying that you're the executor and happy to document to
show it. Okay, good.
Has there ever been an example where the executor of the will has
gone rogue?
I laughed, because I dealt with that very directly. So I was
dealing, one of the cases I had was, when I litigated litigated a
probate, I was representing a beneficiary who stood to inherit
close to $300,000 from that particular state. And the executor
came before he hired me, the executive came to him and said,
Oh, I'm gonna, I'll give you 50k Right now in cash, and then the
rest, we're going to set up a nonprofit that I'm going to set
up, which is not in the world. And then he came to me. And then I
said, Oh, this is, you know, this is crazy. So I started, I started
talking this guy, and then I quickly realized that this guy is
completely crazy executive.
So I filed the motion to have the executive removed, and I want the
motion. Oh, great. How did you prove he was not right? I mean, I
just did it out of the facts as to what was happening and what kind
of stuff he was doing that was that was contrary towards in the
will. So I went and then when, and then when this guy spoke in front
of the judge kind of close the case. They moved them as an
executor. And then
And then, you know, then the judge appoints an administrator. So
there's a court appointed administrator, who takes the
place, usually a lawyer. And that's like, a two, three month
process to file the motion and grab the hearing and everything.
Yeah, I like to give the timeline of these hearings because it's
like, people think sometimes it's like, you're gonna solve the
problem in two weeks or something, but not the case. Okay.
All right. Let's go to another question here. A lot of questions
for you guys. Here. Would it be advisable to start adding a clause
says ubiquitous stipulating that all inheritance is according to
biological gender assigned at birth? Is that something you
advise people to do these days just in case one of them goes out
and goes to Berkeley? Or goes to? I don't know, whatever, these
universities that comes out with these ideas?
I mean, considering the times, yeah. Yeah. And there's no loss,
right. There's no less than that. Yeah. But uh, you're also the
better off to assign your name. Assign the name. Sorry. Yeah.
Yeah, you you could do both. You could assign the names, but then
also lists, you know, say what he said because, again, what if you
die while your wife is pregnant? Right. The kid comes after they're
not deemed directly in the will so you know that that's the
tuition problem. Here's a question person apostates out of Islam, and
the father didn't update the will. What do you as lawyers do, says
Shetty. I will distribute according to reliance of the
traveler w 5.6. To WC point eight, right? Yeah, yeah. If anyone knows
realigned to the travel, that's how it's set up. So now child,
unfortunately, it passes out of Islam and passes don't inherit,
are you going to apply that?
I mean, that's that's a tough one. But the question becomes like,
what, you know, if it's an outward you know, they're very outwardly
not Muslim, or are they claiming that, you know, I'm Muslim? I
don't pray I don't do this. It becomes an issue of like, it's a
judgment call for the executor and no, open apostate. Yeah, got a
Twitter account and everything. Yeah, I mean, look in because the
thing is that you're, you're incorporating the chapter realize,
like, let's say that you're you're doing the world that I made for
you, and you've incorporated the entire chapter of one's travel and
it says, a non Muslim cannot inherit from you, then therefore,
you will they will not inherit
might be a court issue, where now they want to inherit, and they go,
No, I'm actually Muslim. What's the judge gonna say? You know,
that's true.
Well, even in Sharia, we would probably recognize that as well.
Yeah. Right. Take your face by what is the role of tenancy in
common and joint tenancy contracts? Reminded me of law
school
tenancy here, I guess, being a tenant? No, no, it's about
ownership. So there's, there's different kinds of ownership. So
like, for example, if you're married, right, this the legal
fiction I was talking about earlier, if you're married, then
when you die a certain portion,
whatever your portion was, goes to your spouse, like, that's one type
of I forgot which tenancy that is to find the word tenancy here for
us. I thought they miss misspelled it.
Define the word tenancy. In this context, it means the ownership of
the house, it doesn't mean the a tenant as as a landlord, tenant
ownership means ownership. So basically, a tenancy in common is
like, we all own a house together, but we put it we own a share of
the house. So you own you know, 50%, I own 30%. So if I die, you
know, you you have 2% share at the other 30% is gonna go to my heirs,
right? It's a split of the ownership right. A joint tenancy
is that we both own 100%. That's the legal fiction, because it's
not possible for which we will own 100%. But in a joint tenancy, we
both own 100% of it.
Okay, here is a quick question, can you please suggest websites
where I could plug in my family members, and he could give me a
fraction, a reliable website? Of course, we're, we don't, you're
not going to write your will based upon this website. But if you're
curious, there are websites out there, can you advise some of
these websites that are reliable in the English language?
That does the whole charade distributions? I mean, yes or no,
for example, it'll sell to you click what relatives you have, and
how many and then it will tell you 5% goes to so and so your wife
will get X percent. Do you have any one of those hobbies Sherea
was comes to mind.
Maybe seekers guidance might have one I'm not
quick rundown for everybody. If if a woman dies, her husband and she
does have children, then her husband will get 1/4 Her mom and
dad will get one six, if they're still alive, and then the
remainder is distributed to the children. The boys will get two
shares, the girls will get one share. If it's reversed. Now the
husband dies, his wife and he does have children, he gets 1/8 parents
get one six, same distribution to the children. Now if
there are no children, then the fractions we mentioned for spouse
and parents double.
And then the father, her father, is the air receives all the
remainder. Good.
So that's tele aims is question. All right, and that's very clear
in the Quran. What is the role? We answered the tendency question
I should but you're asking for a marital website. So we're on
death. So you need to wait for past that. We're on death. Right.
But a marital website in New York area, I guess my Weda go to
mbyc.org and type in Melinda. I guess you could do that.
And you could type in your details and try to get married. And
they'll look email you though. Look at your file. Look at other
people's file and an email you. Okay? Yes. So my question is kind
of large. So
a very large family like brothers, brothers wives. They all live in a
very big house. Good. Anyone has your own wing? Yep. Let's say the
house is under one brother's name. And then somehow, one way he put
the will of the house goes to a son or
Yeah.
So unlawfully he inherited he
that's unlawful by Shinya to render the inheritance of the
house to only to one of his many sons, just one that's unlawful.
So let's say okay, but you guys, he has brothers, brothers, wives,
parents.
It's a fairly distributed house. Law wise, it's only under one
brother's name.
After like, let's say that brother passes away. What is the split?
Okay, great question. Forget that. Let's go to the bigger question of
that. Dad runs a business or owns a home, let's say hypothetically,
for tax reasons.
He distributes these things in his kids names, but we all understand
it's the debts.
So sometimes a man may be for example, he's, he's illegal.
But he made it big in some some trade that he did. So he puts
everything in his kid's name who is legal. But with the whole
family understands, it's actually the dads. That's overarching
because that's a big legal problem. Now the dad dies. And
they say, Hey, where's my inheritance? What? Inheritance?
Your dad doesn't own anything? It's all my name. Yeah, that's a
big problem. Right? Yeah. That's a big thorny mess. And it goes back
to his goodwill of the sun. Yeah, right.
Should Yeah, issue as well as what Council's intention and what's
actually enforceable? It's going to be a mess, both legally and
video wise. No, it's a mess in in every way, shape and form. Okay?
Here's thoughts one out.
Since the women getting less inheritance, not women, daughters,
his daughters are just expected that the husbands will take care
of them. They getting less than the males in the family must
therefore the males must provide for them. Yes, that's correct. How
do you make providing for the women in your family a condition
of inheritance? Well, the answer is that it's not a condition in
the inheritance. You cannot put conditional inheritance. It's a
separate condition by Allah subhanaw taala. And by the Sharia,
so for example, nobody could put
brother you're going to inherit x to x, on the condition that you
take care of your daughter. Firstly, it's a vague condition.
And secondly, unenforceable condition. And so there, you can't
do that. He's going to inherit it regardless.
Alright, so that's a video question more than a legal
question. And there's a separate ruling in the shear that he, if
let's say she doesn't get married, and there's no uncle, no grandpa
than he has to take care of. But can you? But that's the sheer
point of view, because it's really two different places, right? But
if you're doing a trust, or a Will you where you can condition the
inheritance? Could you then incorporate two elements of Sharia
into that? Because now this is this is a legal document. Repeat
that again. So you're saying that you cannot condition in the in the
Sharia law, there's a within the inheritance law, there's a there's
a ruling, and then within the other commands, that, you know,
the brother, for example, has a right there in two different
places. And they both apply, right? Yeah. But when we're
drafting up a legal document, that's gonna be enforceable, which
is not we're trying to make it approximate the Sharia? Could we
then condition the inheritance on something very specific, like the
brother is responsible to take care of her rent or housing or
medical or something like that? No, I never heard of that. And
should you Google it Nigeria in for to, to make the basically the
document that we're drafting? Is it legal document is gonna be
effective in the state of New Jersey, right, for example?
We're trying to approximate the Sharia within this document. Yeah.
Right. So this I can we can we can approximate the inherited
distributions, because that's fairly simple. The question I'm
asking is that the inheritance are conditioned in the Sharia upon
this other ruling in Islam, that the brothers should take care of
the sisters if no one else if they're not married, or
so in this document that we're using to approximate the Sharia
should we not then also condition it here? Which we could, if you
say, so, for example, brothers get to x of the sisters, but the
brother is responsible for it, the sisters unmarried or divorced or
whatever, then the brother is responsible for housing or health
care or something like that. That's it could be done,
theoretically. You saying by law, it could be done? Yes. Right. If
the sheriff says Surely I would approve. Yeah. Because the what
are we doing with this document? We're trying to approximate the
shutter? Yeah, yeah. And so if you just put the distributions then
you're approximating an incomplete form of the show. Yeah. Right.
Because this is conditioned upon that, versus just two separate
things. I think they're two separate things from what I know.
But this would have to go to a Mufti of some great experience
like Shikata Mahajan.
You know, most of us who are who have a lot of experience with
this, but
thank you
Got a couple more questions before we wrap up. My uncle passed away
leaving his wife, which is who beat her aunt and a daughter. So
uncle dies he has wife and daughter and no parents. His
brother's son
is asking for a share of the inheritance.
Is that jazz?
So nephew, so Okay, so, woman man dies upon a wife and a daughter,
the wife, the daughter gets a half the wife gets an eighth. Okay, so
if we did that on eight, there's three eighths remaining. Correct
that three eighths we have to review the books of inheritance to
see when they in this case, who becomes inheritors? She said
there's no parents. No dad, so that's we're gonna have to I can't
remember who was the author, but that point sibling would be the
brother but it's a brother's death. And that's what the nephew
said again. Okay, so we'd have Yeah, so k is Schrock. Yeah, this
is I don't want to give us any specific answers right here.
Yeah, you're looking it up dark.
I can look it up.
Basically the ASA who's the next awesome but after absence of son
absence of father?
No, there's
no, we have to find out who is who would be the next possible.
Alright, here's while he's looking that up. Only child who inherits
with no parents left? Do they have to share inheritance with living
uncles, aunts and cousins? Depends if it's a boy or a girl. If it's a
girl, she's the only inheritor she takes half. If it's a boy, he
takes it all.
How would one stop trustees changing the will of the deceased
if the trust is non revocable?
So what's the what's the what's the person so you're the grantor
the one who creates the trust is the grantor. So while the grantor
is alive, that trust can be revoked or amended was the grantor
dies? It's irrevocable, irrevocable successor trustees
cannot change it. They would they? Yeah. And they would they would
the only way to do it is to forge it illegally, which is going to be
another crime forgit illegally, which would be a massive crime. Or
they would have to go to court and give a reason why it has to be
amended for whatever reason, which would be almost impossible. Very
good.
What if the husband and wife have a joint bank account where both
incomes go into the same bank account? What happens with the
inheritance if the husband passes away? How to know which money is
his? So again, let's take a look at this. So a man could have a
job. He earns maybe a million a month, she earns maybe half a
million a month. And they have How are you going to their their phone
has household account, tuition account, savings account, vacation
account, so many accounts with $5 million in there? Yeah, now he
dies. So So joint accounts work the same way like a house would.
Right? So it's a joint account, then if you die that you know your
spouse takes control of that. I think it's probably easier to just
have separate accounts for for inheritance purposes, right. But
again, cashes like because then you have to rely on that joint
account, that other person who has control has full rights and
control over that account. You have to rely on them to ensure
that they're gonna follow this video. Right? Yeah. Which they may
or may not, you know, but even let's say they want to right?
Yeah. I would take a forensic accountant to know what percentage
is mine.
I mean, it's gonna be part of like, so whatever your total
status, right? You're gonna figure out the value of that and you're
gonna divide that up with cash, it's little bit easier, right?
Cash, you can figure out what percentage goes to who it goes to
who, right so the wife would take, you know, it depends on like, I
guess it would take a forensic accountant in the sense of who
contributed what, right to know who contributed what to the
account, which is why I would suggest just having separate
accounts, and you know, taking care of the bills and stuff
anyway. Forensic Accounting for people who don't know what that
means, anything forensic means going into the fine granular
details of things.
Okay.
Alias if a parent leaves instructions for a portion, and
not another portion, how do we divide the portion that has no
instructions?
So let's say the guy has house cash, and he gave inheritance
estate on that. He never mentioned in his state, his Bitcoin, world
life that he has on the side.
I mean, the distribution of assets not done according to the assets
you don't you don't appoint each as
that you who it goes to, right? You just say this is the shares
that it gets distributed into the trustee and the executor combined
will then locate all of his assets at that time. And then they will
put those into a pile and then that will get distributed. Okay,
good. So they'll find it though. They'll have to do some detective
work, right? Yeah. Good. Good. Good. All right. Is there any
chance in Shetty where one person will be the sole? inheritor? Yeah,
it could be if there's only one son. man dies upon one son.
There's only a father and son living. That's it? Nobody else.
Yeah, they inherit each other 100% whoever dies first.
All right, gentlemen. Again, the name of your organ is your your
firm is Seth. So you write
our law firm name is Mo and Hussein Law Group. And the log of
the website is Seth dot, South law.com. S ap law.com. Do you get
a lot of Hindu clicks?
We get some on Google. Yeah. Until they until they find out. It's
saying then they click off. Right. They don't pull back. Yeah, go
back. All right. Any final, the final summary and the most
important question that we have comes up all the time. That type
of question regarding the sister who she's
a wife, she has many kids know income, live with the man for 30
years, the man dies.
And what I get 1/8 of the house and I'm living under the mercy of
my kids. So the answer that I met in Hussein Law Group give here is
I got it. Right, right. Yeah, Hussein and Ahmed, no, I'm
good. How did you get in your name first? Because my name starts with
an A with an A. That's what I figured. Okay. Wait, like so the
people turn in the Yellow Pages? They find you first. Right. Okay.
Just like apple? Yeah. So the answer to that question is that
you set up a trust, you place the home in a trust with the intent
not to do a healer on the shady, but to to minimize a clear
visible, how does that she's going to be in and that trust will go
from you to her upon death. And if she were to die, first, you revoke
it as a trust. And then it becomes regular inheritance after that,
because there's no issue after that. Right. And that's the answer
to your question when you die. That will not be it's an endowment
now. It's not private property anymore. It's an endowment that
you have established for your family. upon your death. She's now
the trustee and the beneficiary of the endowment. Okay. And upon her
death loss, weed is not needed anymore. Upon her death. It could
be
distributed according to the lines of the shittier. Because there's
no outage anymore. There's no issue anymore. Right? You would
say that's a good summary of the
that
if the wife does die first, I don't think you would dissolve the
trust, you would just maintain the trust and then the trust would end
up. You can maintain it. Yeah. But you could technically dissolve it
right.
It might be more beneficial to just maintain it to maintain good.
Let's say you got to go bought some very important stuff to the
table. Thank you both very much for coming. churros. Thank you for
taking the initiative and bringing us Tarik Hussain, who has a wealth
of experience over 25 years in inheritance law. I suggest
everyone go to him for this knowledge and SROs as well is, is
getting very knowledgeable on the subject matter. So just one last
quick question. Do you do all kinds of law
or just wills estates and Testaments? Different? I mean, we
do so we do general corporate law. A lot of your favorite Halal
restaurants, we represent very good leases all that almost any
sort of contract we handle. We do securities law. That's an area
where basically, anytime you're raising capital, you're raising
money, you have to do it in a legally compliant way. We help
structure that so you're creating a real estate fund, for example,
to go acquire a bunch of properties. We do that, you know,
we have our own Sharia compliant real estate fund that we
structured an area that we do, and then you know, and then we do this
trusts and estates. Wonderful, very good. Very good. So anything
money related, essentially no crimes. Yeah, no crimes. No
divorce. We'll do criminal. No criminal no divorce. Yeah, no
divorce. Yeah. All right. All the neat stuff. Very good. Thank you
guys very much. Does that come along? And
if you have any new developments, make sure you come back on the
stream. Alright. Michael Stein. Thanks for joining.
All right, ladies and gentlemen.
What time is it? It's now 330 Oof. We went long.
Dan see graphic designer position.
Send it over again. I can't remember seeing your application,
but send it over again. Get it find a way to get it to info. So
if he incited that orgy, do you think Victoria said Do you think
it's a good idea to talk to children about this? Of course,
yeah, that's the more information the more everyone's informed and
the more details
are there the better because you just never know what question
might come up. And I'm telling you this password thing, ask anyone
who's had a family member dies suddenly
it's a disaster. They cannot get into any account and they spent
five hours with customer service and having to prove with death
certificates and lawyers and all things just to access an account.
Er really wow
amazing amazing. Very good. Very good.
Oh, man, I guess do a quick before
the burial facial recognition do a quick before we've been we bury
him? I didn't answer any questions that were not related to to this.
So we stuck to the inheritance subject today. Let's move to our
Wednesday. Da we know that Wednesday is the day in which the
DUA is Mr. jab at a hidden unknown place between the her and us. And
we hope
to reach that by making dua and everyone's so we're going to
recite this short Vicodin short word.
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