Ruling on leasing and dividing the estate of a deceased person while there are minors

The questioner:
The sender, Umm Sa'id, says she has a case concerning the estate of her deceased husband, which has raised several questions. She says in her letter: I am a woman whose husband passed away four years ago, leaving behind some inherited wealth and four houses. The money has been divided, but the houses have not been divided yet on the grounds that my sons are minors. I am living in one of these houses, my husband's son is living in the second house, and I am renting out the third and fourth houses, spending their rent on my children. Please note that my husband had three male children from a deceased wife. The questions are: I have children, one of whom is fifteen years old, the second is twelve, and a girl who is fourteen. Are they considered minors? What is the ruling on the houses remaining undivided until now? Is there a sin on me for staying in the house, which is part of the inheritance? I take the rent from the houses and spend it on my children, so what is the ruling on that? Please guide us regarding these issues, may Allah reward you with good.

The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds. May Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions. As for what a deceased person leaves behind, any debts he owes are paid from it first, if he had debts. Then his lawful bequests are carried out. Then, after the debts and the bequests, the remainder belongs to the heirs who survive him, whether they are minors or adults of sound mind. As for the issue of division, yes. And the issue of living in the houses and the rents, all of this is referred to the court, referred to the Shari'ah court. The court appoints a guardian for the minors to manage their affairs according to their best interest.
The bottom line is that it is necessary to refer this to the court so that it appoints a guardian for the minors to manage their affairs and preserve their rights.
As for the adults of sound mind, they may dispose of their share, and if they permit something of it, there is no harm. They dispose of their right and their share. So if they permit living in the house, their share is deducted from the rent. If they do not permit it, then it is necessary to look at this agreement between the adult heirs and the guardian of the minors. It is necessary to reach an understanding and agreement according to the benefit of everyone. Yes.

The presenter:
May Allah reward you with good, and may He do you well.

The questioner:
So the inheritance is not blocked on the grounds that the children are minors, Shaykh Sadiq?

The Shaykh:
The adults are given their share, and as for the minors, their share is preserved for them.

The presenter:
Simply put.

The Shaykh:
Under the supervision of a Shari'ah guardian. Yes.

The presenter:
May Allah reward you with good and do you well. She takes the rent from the houses and spends it on her children, and the remaining heirs do not receive anything from this rent?

The Shaykh:
This is not permissible. If they permit it and they are adults of sound mind, there is no harm. But if they are minors, it is not permissible to dispose of the rents.

The presenter:
Yes.

The Shaykh:
This is referred to the court and the Shari'ah guardian.

The presenter:
So she must seek permission from all the heirs before taking anything from this rent?

The Shaykh:
She seeks permission from the adults of sound mind. As for the minors, their right is preserved. They do not have permission, and neither their guardian nor their agent has the right to give permission.

The presenter:
Yes.