The Will in Shari’a and American Law
A Seminar that Alarmed Attendees
· Can children whose both parents were deceased go to the state (foster homes) even in the presence of relatives?
· Does death tax exist and can it really consume about 60% of assets?
· Does a family have to go to court (Probate Court), hire an attorney and spend so much money over a 20-month period before they can claim any assets left by a deceased family member?
The answer to the alarming questions above is simply YES, in case no valid will was prepared by the deceased before death.
 These questions along with other important issues related to estate planning were addressed by guest speaker Zubair Tajuddin during the seminar at Mosque Foundation on July 10th. Most of the packed audience were astonished at the enormous risks involved in not having a valid will. It was a strong message that every one of us must reach an attorney specialized in Estate Planning to prepare a will that meets all the legal requirements to be valid upon death.
Contrary to the common perception that someone can download a generic will to fill in the blanks and sign; in most cases, such templates do not cover all aspects of an effective and valid will. Also, many believe that the will only deals with the distribution of assets upon death, when in fact, the will affects other important issues such as guardianship of children, taxation, protection of assets from lawsuits, as well as providing information to family regarding the assets and debts of the deceased person, since in many cases it is the only document stating the total combined assets in bank accounts, investments, pensions, etc.
Upon the completion of the seminar, attendees who already have wills realized how important it is to make sure their wills are valid, and to continue updating them every few years, especially if there are changes in assets or heirs. The attendees who do not have wills realized the urgency to seek professional assistance to complete this important task.
Sh. Jamal Said, Imam & Director of the Mosque Foundation, stated that although the general consensus of scholars is that preparing a will is Wajib only if you have debts, and is Sunnah otherwise; it becomes Wajib for Muslims living in the West even if you do not have debts because you could lose your children to the state without a valid will.
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