The deceased's estate is the right of the heirs
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Fatwa number ( 8686 )
Q: My wife passed away, and her grandfather (her mother's father) had died two years prior, leaving no children. Consequently, the grandfather inherited half of her estate by right, and the deceased's siblings inherited the other half by right. While my wife and her aunt were gathering the items she left behind, her aunt took some items before the division, including clothes and small furniture such as cups and plates. She also took two gold bracelets and a gold ring. She tried to get my wife to take something, but my wife refused, intending that it was forbidden. However, the aunt forced my wife to take eleven gold bracelets and 26 Egyptian pounds. When I objected, the aunt said, "It is my father's money and the money of my mother who died before the deceased." When I learned of the matter, I did not spend the money or the bracelets. I took them to a merchant, who appraised their value at 120 Egyptian pounds. They are still in my possession. Please advise us, may Allah reward you. Is this lawful for us, given that my wife's mother has
a right of inheritance, and her grandfather was wealthy? She used to serve him, and he is still alive. I, as her husband, look after his interests without compensation because he left the country, or is that not the case? If we do not have the right to this money, how should we deal with this amount? Should we give the grandfather his half and donate the other half to building a mosque or to the poor on behalf of the deceased? I have consulted some scholars, and they informed me that the deceased's share belongs to the heirs. How can I deliver it to the heirs, as there are many of them and I cannot hand over the amount to them? Please advise us, may Allah bless you, and may He reward the believers with your knowledge.
A: If the situation is as you described, it is obligatory for you to return what your wife and her aunt took to the heirs of the deceased to the extent of your ability. If they waive their right to it in your favor, and they are competent to dispose of their property, then you own it and it is lawful for you to deal with it for your own benefit. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My wife passed away, and her grandfather (her mother's father) had died two years prior, leaving no children. Consequently, the grandfather inherited half of her estate by right, and the deceased's siblings inherited the other half by right. While my wife and her aunt were gathering the items she left behind, her aunt took some items before the division, including clothes and small furniture such as cups and plates. She also took two gold bracelets and a gold ring. She tried to get my wife to take something, but my wife refused, intending that it was forbidden. However, the aunt forced my wife to take eleven gold bracelets and 26 Egyptian pounds. When I objected, the aunt said, "It is my father's money and the money of my mother who died before the deceased." When I learned of the matter, I did not spend the money or the bracelets. I took them to a merchant, who appraised their value at 120 Egyptian pounds. They are still in my possession. Please advise us, may Allah reward you. Is this lawful for us, given that my wife's mother has
a right of inheritance, and her grandfather was wealthy? She used to serve him, and he is still alive. I, as her husband, look after his interests without compensation because he left the country, or is that not the case? If we do not have the right to this money, how should we deal with this amount? Should we give the grandfather his half and donate the other half to building a mosque or to the poor on behalf of the deceased? I have consulted some scholars, and they informed me that the deceased's share belongs to the heirs. How can I deliver it to the heirs, as there are many of them and I cannot hand over the amount to them? Please advise us, may Allah bless you, and may He reward the believers with your knowledge.
A: If the situation is as you described, it is obligatory for you to return what your wife and her aunt took to the heirs of the deceased to the extent of your ability. If they waive their right to it in your favor, and they are competent to dispose of their property, then you own it and it is lawful for you to deal with it for your own benefit. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.