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Tax returns received after the demise of one of the spouses

Fatwaa ID: 1039

السلام عليكم و رحمة الله و بركاته
Mufti Sahab,
Can you please assist in the following masalah:
A widow received money for the irs for a tax return which was filed jointly prior to his passing.
The deceased passed away 2 years ago. The husband and wife filed a tax return jointly with 2 daughters as their dependents. The widow just received the refund a week ago. Her question is whether these funds will be part of his wirasat? And if it is to be included in the inheritance what would be the portions ?
The deceased left behind
2 sons
3 daughters

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

It is not clear from the query if both spouses were working or just one. If the husband was the only one working, then the returns will belong to him only and will thus form part of his estate. The wife will receive 12.5% of the total, the sons will receive 25% each and the daughters will receive 12.5% each.

If both spouses were working, then the returns will be divided between the two, according to their earnings and tax liabilities. The wife’s portion will belong to her. The husband’s portion will be distributed according to the above ratios.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York

09/25/1444 AH – 04/16/2023 CE | AML3-3338

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


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