Surviving Heirs: Distribution of Estate Shares, Summaries of Religion

Download Surviving Heirs: Distribution of Estate Shares and more Summaries Religion in PDF only on Docsity! In the name of Allah, the Most Beneficent, the Most Merciful LAST WILL AND TEST AMENT (NAME): ____________ _ I, ______________ , presently residing at (ADDRESS) --------------------________ County of, Texas, being of sound mind and memory, do hereby revoke any and all former Wills and codicils made by me, and do make, ordain, publish, and declare this my Last Will and Testament. PREAMBLE I bear witness that there is no deity but Allah, the One, the Merciful, the Almighty Creator of the Heavens and the Earth and all therein God of Abraham, Moses, Jesus, Mohammed and all the prophets (mercy and peace be upon them all). He is one God and He has NO partner. And I bear witness that the Prophet Mohammed is His servant and His messenger and the last of all the prophets (mercy and peace be upon them all). I bear witness that Allah is the truth, that His promise is truth, that the meeting with Him is truth. I bear witness that Paradise is truth, and that Hell is truth, and I bear witness that the coming of the Day of Judgment is truth (there is no doubt about it); and that Allah, who is exalted above all imperfection and deficiency, will surely resurrect the dead of all the generations of Mankind; first, last and those in between. This is my council to my relatives and friends, my Muslim brothers and sisters; and all those who remain after me: that they strive to be good Muslims. That they submit to their Creator (May He be exalted) and worship Him as He alone is to be worshipped. Fear Him as He alone is to be feared and love him and his prophet Mohammed with the complete love that is rivaled by nothing besides them. Let them obey him and hold fast to His Shari'a. Let them spread and firmly establish His religion of Islam, and let them die only in a state of complete submission to His/her Will. I remind them that no man and no woman dies before his time, The exact duration of each life span is precisely determined before we are born by the all­ powerful Creator (May He be exalted). Death is tragic only for the one who lived out his life in self-deception without submitting to the Creator and preparing for the final return to Him. So, do not preoccupy yourselves with my death, but instead make the proper preparations for your own. Maintain patience and self-composure as the religion of Islam requires. Islam permits relatives to mourn no longer than three days, although my widow is allowed to mourn for four lunar months and ten days, until her iddah (period of waiting) is completed. Wailing and excessive lamentation is forbidden by the Signature: __________________ _ 2 Creator and it only reflects lack of understanding and dissatisfaction of the will of the Creator (may He be exalted). Finally, I ask all my relatives, friends, and all others, whether they choose to believe as I believe in God; to honor my constitutional rights to these believes. I ask them to honor this document which I have made and not try to obstruct it or alter it in any way; rather, let them see that I am buried as I have asked to be buried and let my properties be divided as I wanted them to be divided. ARTICLE I FUNERAL AND BURIAL RITES I ordain that no autopsy or embalming be done on my body and that without unjustified delay, my body be washed three times with warm water and soap, then dried by a towel. Then, my body should be wrapped with three pieces ''five pieces for women" of white clothes containing cotton, free of any ornaments another articles. Before my burial and after bathing my body, my family members present and members of the Islamic Center where my death occurs shall perform a prayer asking Allah to forgive my sins and to accept me as an inhabitant of His Paradise. AMEN. No burial should be done without bathing and performing the prayer. I hereby nominate and appoint (NAME) __________ _ my (RELATIONSHIP) _____________ , of the city of ____________________ County, Texas, to execute these and other necessary provisions for my Islamic funeral and burial. In that even that (NAME) ___________ shall be unwilling or unable to execute, I nominate and appoint (NAME) _____________ , my (RELATIONSHIP) ____________ __, of the city of __________ _ _____________ County, Texas. In that even that (NAME) _______________ shall be unwilling or unable to execute, I nominate and appoint (NAME) ______________ , my (RELATIONSHIP) ________ of the city of ____ _ State of _____ , In the event that (NAME) ________________ shall be unwilling or unable to execute, I nominate and appoint the Imam of the local Muslim community or association in the area where I die to execute these provisions for funeral and burial. In the event of legal difficulties in the execution of this Article, I direct the above named person to seek counsel from the Islamic Association of North Texas, currently located at 840 Abrams, Richardson, Texas 75081, USA Tel: (972) 231- 5698. In the event IANT can not be reached, I direct the above named person to seek counsel from ______________ , the funeral director of Signature: _________________ _ _________________ , of the city of _________________ County, state of _____ _ to be the alternate guardian and trustee of my children named above. ARTICLE III DEBTS AND EXPENSES I further direct that my executor hereinafter named shall first apply the assets of my estate toward the payment of all my legal debts, including such expenses incurred as a result of my last illness and burial, as well as the expenses of the administration of my estate. I direct said executor to pay any outstanding obligations to Allah which are binding to me, including unpaid Zak.at, Ka ffarat, or unperformed pilgrimage (Hajj). I direct that all inheritance, estate and succession taxes , including interest and penalties thereon, payable by reason of my death, be paid out of and charged generally against the principal of my residuary estate without reimbursement from any person. I direct that my legal debts, funeral expenses, and expenses of settling my estate be paid from the principal of my estate as soon as practicable after my death. ARTICLE IV CHARITABLE CONTRIBUTIONS AND TESTAMENTARY TRANSFER I direct and ordain my executor to pay the following contributions and transfers, not to exceed one third of the remainder of my estate after making provision for payments of my obligations mentioned in Article III, to the following named persons and organizations: Name of Persons or Organizations % of remainder of my estate after Total 5 execution of Article III 0% ARTICLEV DISTRIBUTION OF THE REMAINDER OF MY ESTATE I direct, devise, and bequest all the residue and remainder of my estate after making provision for payment of my obligations and distributions provided in Article ill and IV, to only my Muslim heirs whose relation to me, whether ascending or descending, has occurred through Islamic or lawful marriage at each and every point. The distribution of the residue and remainder of my estate shall be made strictly in accordance with: !ANT-SCHEDULE A: MA WARITH (INHERITANCE)* This Schedule A is signed by me as a part of this Last Will and Testament Signature: _________________ _ 6 I direct that no part of the residue and remainder of my estate shall be inherited by any non-Muslim relative, whether he I she is a kin or an in-law, spouse, parent, or child. I further direct and ordain that any non-Muslim relative be disregarded and disqualified in the application of the named schedule. Should I die as a result of murder, I direct that the adjured murderer, principal or accessory in the murder shall be disqualified to receive any part of my estate. I direct that no part of my estate shall be given to relatives whose relationship to me, ascending or descending, has occurred through non-Islamic and unlawful marriage, or through adoption, at each and every point, except the following: 1. Legatees specifically named in Article IV 2. A relative who is related to me through his / her biological mother I direct and devise that any fetus, conceived before my death, whose relationship to me qualifies it to be an heir according to this Article, shall be considered as an heir if the following condition is fulfilled: the fetus should be born alive within 365 days of my death. I further direct and devise that whenever exists a fetus who may become an heir according to this section, the whole distribution of the residue and remainder of my estate after the execution of Articles III and IV shall be delayed until after the birth of the fetus; or that the largest potential share of the fetus be set aside until its birth alive. Should the fetus be born alive, but qualify for a lesser share, or should it not be born alive within the 365 days, any surplus of the set aside amount must be returned to the estate and distributed according to Schedule A. I direct, devise, and bequest all the residue and remainder of my estate of every nature and kind and whenever situated after making provisions for payments of my obligations and distribution of my estate as provided in Articles III and IV. I further direct, devise, and ordain that any portion of my estate disclaimed or refused to be received by any of the legatees named or referred to in this Last Will and Testament, or the remainder of my estate in the event of non-existence of my Islamic heirs, shall be given to the Islamic Association of North Texas, (IANT), as a contribution. Signature: __________________ _ ARTICLE VI SEPARABILITY If any part of this WILL shall be invalid, illegal or inoperative, for any reason, it is my intention that the remaining parts, so far as possible and reasonable, shall be effective and fully operative. IN WITNESS WHEREOF, I hereby set my hand to this, my Last Will and Testament, this ___ day of _________ , 20 __ _ "NAME" Testator ' We hereby certify that the forgoing instrument was on the date thereof signed, published, and declared by the testator (NAME) ____________________ , and as for his/her last Will and Testament, in our presence, who at his/her request and in his/her presence, and in the presence of each other, have hereunto subscribed our names as witness thereto, believing said Testator at the time of the signing to be of sound mind and memory. WITNESSES: ADDRESSES: This document, comprising of 7 pages, including !ANT-Schedule A, is made in 4 copies. The original with me, one copy is deposited with IANT, one copy with my (RELATIONSHIP) _______ ___, (NAME) ________ and one copy with my (RELATIONSHIP) _______ , (NAME) 7 Signature: _________________ _ • Surviving Heirs 1.m) ( 1.k) with husband l .n) with father and mother of mother (no mother) 1.o) (l.n) with wife l.p) (l.n) with husband 1.q) with either mother of father or mother of mother, no parents, and no father of father Lr) (1.q) with wife l .s) ( l .q) with husband 1.t) (1.h), (1.n), or (1.q), but instead of one grandmother, there are two or more, same degree, grandmothers (i.e mother of mother and mother of father; or mother of mother of mother, mother of mother of father, and mother of father of father, disregard mother of father of mother, and no mother of mother nor mother of father) l.u) (l.t) with husband or wife Share of the Remainder of My Estate 1/6 to mother, 1/6 to father of father, 1/8 to wife, and the rest as in (1.a) 1/6 to mother of mother, 1/6 to father, and the rest as in (I.a) 1/6 to father, 1/6 to mother of mother, 1/8 to wife, and the rest as in (I.a) 1/6 to father, 1/6 to mother of mother, 1/4 to husband, and the rest as in (1.a) 1/6 to mother of mother or mother of father, the rest as in (I.a) 1/6 to mother of mother or mother of father, 1/8 to wife, the rest as in ( 1.a) 1/6 to mother of mother or mother of father, 1 /4 to husband, the rest as in (La) grandmothers share equally 1/6, father or grandfather 1/6, the rest as in (1.a) grandmothers share equally 1/6, father or grandfather 1/6, husband 1/4, or wife 1/8, the rest as in (1.a) l .v) In each of (La) through (1.u), disregard all other relatives not mentioned in the relevant sub­ cases. IF TESTATOR'S CASE IS UNDER NO. ( 1 ), BUT NOT FOUND ABOVE, THE EXECUTOR MUST FOLLOW THE ADVICE OF THE ISLAMIC ASSOCIATION OF NORTH TEXAS. 10 Signature: ________________ _ CASE NO. 2: DAUGHTER OR DAUGHTERS; NO SONS Surviving Heirs 2.a) with no other relatives 2.b) with wife 2.c) with husband 2.d) with father 2.e) with mother 2.f) with both parents 2.g) with wife and father 2.h) with wife and mother 2.i) with wife and both parents 2.j) with husband and father 2.k) with husband and mother 2.1) with husband and both parents 11 Share of the Remainder of My Estate If one only, she takes all the remainder. If more than one, they equally share all the remainder 1/8 to wife, the rest as in (2.a) 1/4 to husband, the rest as in (2.a) 1/2 to the one daughter, 1/2 to father. If more than one, they share 2/3 equally and 1/3 to father 1/4 to mother, 3/4 to daughter. If more than one, they share 4/5 equally and 1/5 to mother 1/6 to mother, 1/3 to father, 1/2 to daughter. If more than one, 2/3 to daughters equally, 1/6 to mother, and 1/6 to father 1/8 to wife, 1/2 to daughter, and 3/8 to father. If more than one, 2/3 to daughters equally 1/8 to wife, and 5/24 to father l /8 to wife, 7 /32 to mother, 21/32 to daughter. If more than one, 1/8 to wife, 7/40 to mother, and 7/10 to daughters equally 1/8 to wife, 1/6 to mother, 5/24 to father, and 1/2 to daughter. If more than one, 3/27 to wife, 4/27 to mother, 4/27 to father, and 16/27 to daughters equally 1/4 to husband, 1/4 to father, and 1/2 to daughter. If more than one, 3/13 to husband, 2/13 to father, and 8/13 to daughters equally 1/4 to husband, 7/36 to mother, 5/9 to daughter. If more than one, 3/13 to husband, 2/13 to mother, and 8/13 to daughters equally 3/13 to husband, 2/13 to father, 2/13 to mother, and 6/13 to daughter. If more than one, 3/15 to husband, 2/15 to father, 2/15 to mother, and 8/15 to daughters equally Signature: ________________ _ Surviving Heirs 2.m) with father of father, no father, and no brothers 2.n) (2.m) with wife 2.o) (2.m) with husband 2.p) (2.m) with mother, or without mother but with either mother of father or mother of mother 2.q) (2.p) with wife 2.r) (2.p) with husband 2.s) (2.p ), (2.q), (2.r) but in place of mother, both mother of mother mother of father; or mother of mother of mother, mother of mother father and mother of father of father; disregard mother of father of mother 2.t) with son of son 2.u) with more than one son of son(s) and any number of daughters of son(s) 2.v) (2.t) or (2.u) with wife or husband 12 Share of the Remainder of My Estate 1/2 to father of father, 1/2 to daughter. If more than one, 1/3 to father of father and 2/3 to daughters equally As in (2. g), but father of father in place of father As in (2.j), but father of father in place of father As in (2. f), but father of father in place of father and grandmother in place of mother; the two grandmothers divide share of mother equally between themselves As in (2.i), but father of father in place of father and grandmother in place of mother; the two grandmothers divide the share of mother equally between themselves As in (2.1) but father of father in place of father and grandmother in place of mother; the two grandmothers divide the share of mother equally between themselves The two grandmothers ( or the three great grandmothers) share equally what is assigned to the mother or one grandmother in cases (2.p), (2.q), and (2.r); the rest as in (2.p ), (2.q), and (2.r) respectively 1/2 to daughter, l /2 to son of son. If more than one, 2/3 to daughters equally and 1/3 to son of son As in (2.t), but the share of son of son is divided among son ofson(s) and daughters of son(s) according to rules stated in (l.a) 1/2 to daughter, 1/8 to wife, or 1/4 to husband, the rest to children of son(s) as in (2.t) or (2.u). If more than one daughter, 2/3 to daughters equally, 1/4 to husband or 1 / 8 to wife, the rest to children of son(s) as in (2.t) or (2.u) Signature: ________________ _ Surviving Heirs 4.f) mother only 4.g) mother and husband or wife 4.h) mother with one brother or one sister of the same two parents or on father's side 4.i) ( 4.h) with husband or wife 4.j) mother with at least two brothers, brother(s) and sister(s) all of same two parents or on father's side 4.k) (4.j) with husband or wife 4.1) mother with two sisters or more, of the same two parents or on father's side 4.m) (4.1) with husband or wife 4.n) mother with one brother on mother's side or one sister on mother's side 4.o) ( 4.n) with husband or wife 4.p) mother with more than one brother and/or sister on mother's side 4.q) (4.p) with husband or wife 4.r) mother with father of father, no brother(s), no sister(s) 15 Share of the Remainder she takes all the remainder 1/4 to wife, or 1/2 to husband, and the rest to mother 1 /3 to mother, rest to brother. 2/5 to mother, the rest to sister 1/3 to mother, 1/2 to husband or 1/4 to wife, the rest to brother. 4/13 to mother. 3/13 to wife, and 6/13 to sister. 2/8 to mother, 3/8 to husband, and 3/8 to sister 1/6 to mother, the rest to brothers or brother(s) and sister(s) according to rules in (I.a) 1/6 to mother, 1/4 to wife, or 1/2 to husband, the rest to brothers or brother(s) and sister(s) as in rules (La) l /5 to mother, 4/5 to sisters equally between them 3/13 to wife, 2/13 to mother, 8/13 to sisters equally between them. 3/7 to husband, 1/7 to mother, 3/7 to sisters equally between them 2/3 to mother, 1/3 to brother or sister 1/4 to wife, 1/2 to mother, 1/4 to brother or sister. 1/2 to husband, 1/3 to mother, 1/6 to brother or sister 1/3 to mother, 2/3 to brother(s) and sister(s), equally between them all 1/4 to wife, l/4to mother, 1/2 to brother(s) and sister(s) equally between them all. 1/2 to husband, 1/6 to mother, 1/3 to brother(s) and sister(s) equally between them all 1/3 to mother, the rest to father of father Signature: _________________ _ Surviving Heirs 4.s) (4.r) with husband or wife 4.t) mother with son of brother, (the brother is of the same parents) 4.u) mother with children of brother(s), (the brother is of the same parents) 4.v) (4.t) or (4.u) with wife or husband 4.w) mother with brother of father 4.x) mother with brother(s) of father and any number of sisters of father, all of the same two parents 4.y) (4.w) and (4.x) with wife or husband 4.z) father with mother of mother 4.aa) mother with brother(s) and father of father 4.bb) mother with father of father and brother(s) and any number of sister(s), all of the same two parents or on father's side Share of the Remainder 1/3 to mother, 1/4 to wife or l/2 to husband, the rest to grandfather 1 /3 to mother, the rest to son of brother 1/3 to mother, the rest to children of brother(s) according to rules in (I .a) l/3 to mother, 1/4 to wife, or 1/2 to husband and the rest to son or children of brother(s) as in (4.t) or (4.u) 1 /3 to mother, the rest to brother of father the same two parents 1/3 to mother, the rest to brother(s) and sister(s) of father according to rules in (I.a) 1/3 to mother, 1/4 to wife, or 1/2 to husband, the rest to brother of father or brother(s) and sister(s) of fathers as in (4.x) 1/6 to mother of mother, the rest to father no mother 1/6 to mother, the rest among brother(s) and father of father equally, unless grandfather's share goes below 1/3 (if it does, he gets 1/3 and the rest to brothers equally) as in (4.aa) and apply rules of (La) for brother(s) and sister(s) NOTE: IF THE TESTATOR'S CASE IS UNDER NO. 4 BUT NOT COVERED ABOVE, THE EXECUTOR MUST FOLLOW THE ADVICE OF THE ISLAMIC ASSOCIATION OF NORTH TEXAS. 16 Signature: ________________ _ CASE NO. 5: HUSBAND OR WIFE, NO OFFSPRING, NO PARENTS, AND NO FATHER OF FATHER Surviving Heirs 5.a) wife only 5.b) husband only 5.c) husband and wife, with one brother or more and any number of sisters 5.d) husband or wife, with sister(s), no brothers 5.e) husband or wife, with son or sons of brother(s), or son(s) and any number of daughters of brother( s) 5.f) husband or wife, with brother(s) of father 5 .g) husband, or wife, with one brother of father or more, and any number of sisters of father Share of the Remainder 1/4 to wife, the rest to ________ _ to be used as a Waqfwhose net return only should be used for Islamic activities 1/2 to husband, the rest as in (5.a) 1/2 to husband, or 1/4 to wife, the rest to brother(s) and sister(s) according to rules in (I.a) I /2 to husband or 1/4 to wife, the rest to the sister or equally between sisters As in (5.c) but niece(s) and nephew(s) replace sister(s) and brother(s) 1/2 to husband or l/4 to wife and the rest to uncle or uncles equally between them 1/2 to husband or¼ to wife, rest to uncle(s) and aunt(s) according to the rules in (I.a) NOTE: IF THE TESTATOR'S CASE IS UNDER N0.5 BUT NOT COVERED ABOVE, THE EXECUTOR MUST FOLLOW THE ADVICE OF THE ISLAMIC ASSOCIATION OF NORTH TEXAS. CASE NO. 6: ALL OTHER CASES Relatives not mentioned in cases ( 1) through ( 5) must be disregarded. However, I direct and ordain that all cases not specifically mentioned in this schedule shall be referred to the Islamic Association of North Texas (IANT), for distribution of estate, and that the advice of IANT must be followed to the letter. Further, for any interpretation of any of the above cases or articles and provisions of the will, I ordain that the Executor shall refer to the Islamic Association of North Texas (}ANT), and must follow the advice given by IANT. 17 Signature: ________________ _