The Permissibility of Claiming a Relative’s Inheritance

Question: My mother passed away and did not take her legal right from her brother; this was out of her fear of severing family ties, but she did want it. Do we, her children, have the right to claim our mother’s right from our maternal uncle, even if it leads to severing family ties between us and him, or going to the courts?

Answer: You may claim the mother’s right from the inheritance, even if it leads to going to the courts, unless the mother had given permission. If she had absolved her brother of her right, then you do not have that right. The right was hers. However, if she had not absolved him, but she left off the claim and the dispute, then you may claim and dispute in seeking your right, and there is no blame in that. And praise be to Allah.