Last Will and Testament 

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A Last Will and Testament is the most important building block in any estate plan. It specifies your funeral arrangements, what debts are part of the estate, who the beneficiaries of your estate are, the amount each beneficiary is entitled to, and the executor of your estate.

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Leaving No Will

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If you die without a Will, your estate will be distributed in accordance to Texas Intestacy Laws, contradicting the laws prescribed in the Quran. Control of your assets is left with the Texas probate courts, not your family.

 

Writing Your Own Will

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Texas has strict laws regarding formalities in drafting, signing, and executing a Will. If you do not meet all of the requirements set forth by the state of Texas, your Will will be declared invalid and it is as if you had died without a Will and your estate will be distributed accordingly.

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Community Property

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Texas is a community property state. All the property acquired by either spouse during the marriage that is not separate property is community property. Texas presumes that all assets acquired during the marriage are community property unless proved otherwise. Estate plans should be made for each spouse. 

 

Islamic Inheritance Law

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First, all legal debts, Islamic debts, and expenses of the estate must be settled first before any distribution. Next, each Muslim has an option to bequest 1/3 of their estate to those who are not entitled to a share. Then, all remaining estate are distributed according to the Quran.

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References

 

Surah Al-Baqarah, 180-182

Surah An-Nisa, 7-14, 176

Sahih Bukhari, Volume 4, Book 51