Repayment of Debts of the Deceased Come in Priority

15-9-2002 | IslamWeb

Question:

My brother passed away in USA and he left some money in the bank account in the name of his wife who lives in my home country. My brother left some debts; he owes my other brother more money than he left in the bank account. Who should get the money that he left in the bank, his wife or the brother he owes money to?

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

Settling a dead person's debts should be given priority over the right of heirs.

Allah Says (what means): {… after the payment of legacies he may have bequeathed or debts. … .} [Quran 4: 11]

So, if it is confirmed that the dead is indebted; i.e., not for the sake of disinheritance of a wife, or any of the heirs, then this debt should be settled before distributing any part of inheritance.

The above-stated opinion is based on the fact that the wealth left by the dead is his own possession although it is in a bank account in the name of his wife.

Allah knows best.