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Fatwa CenterInheritance of a childless widow
Question
I've a friend whom husband died by an accident and has no children. Before he was buried, his family withdrew all his account from the bank by telling them that he had no wife and children and they want to sell his house without giving her anything. Also they're asking her to send them all his belongings e.g. clothes, shoes, watches, etc. Does she have to send them or not because she wants to give it to charities? Now she's going to receive some money from his insurance and compensation. Is she allowed to take that money? If so does she have to share it with them? Because they want to take everything from her and they accused her of killing him to inherit his wealth.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
All the heirs of a deceased person have right in the wealth that he left. So it is not permissible for any heir to invest or take his money without the permission of other heirs. The Prophet 
said: "The wealth of a deceased husband has to be [justly] divided among his heirs [according to Islamic Law]". So if the family of this deceased own any of his wealth, they are obliged to add it to the inheritance so that it would be divided among the heirs. The same thing applies to the wife; she is obliged to add whatever she possesses of her deceased husband to the inheritance. However, if it is confirmed that the family of the deceased have taken some of his wealth and the wife fears that she will be deprived of her share, then it is permissible for her to take her share from the wealth that her husband left and then give back what remains to other heirs. The share of the wife in this case is one quarter as they have no children as it is mentioned in the question.
As regards insurance, if it is commercial, like life insurance and the like, then it is not permissible to take more than the installments that the person had paid, as this kind of insurance is forbidden. Moreover, it is forbidden for a Muslim to buy this insurance by his own choice [if he is not obliged]. However, if what is meant is a gift that the government offers to the family of the deceased husband, then the gift is for whomever the government gave it to.
Finally, it should be noted that inheritance is such complex an issue and heirs often dispute about it, so it is better to resort to an institution that deals with personal affairs, then this is more appropriate.
Allaah Knows best
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