As second-generation Egyptian Americans, my two sisters and I
grew up with very little connection to our father’s homeland. Our mother is
U.S.-born and none of us are practicing Muslims, including our father. So we
were shocked recently when he announced that he would be following sharia law
with his estate, and thus his will bequeaths my sisters half the assets that I,
as a male, get. How would you suggest I go about urging him to take a more
egalitarian approach? Is there a way to respect sharia law without condemning my
sisters to a lesser stake–and hurting our relationships in the process? Sharia law provides that a son
will inherit twice the share of a daughter because, traditionally, men were
responsible for women. Two estate planning techniques may offer solutions that
address your concerns. First, your father might name you as the trustee of a trust
that holds the additional share of assets he wishes to bequeath to you. As the
trustee, you would hold legal title to the assets, and you would decide whether
to make payments from the trust to yourself and/or your sisters. The estate planning concept known as "disclaimer" may also be
useful. If your father leaves you an additional share of his assets at death, a
valid disclaimer permits you to renounce the additional share, or the portion
thereof that you believe should pass to your sisters, after the death of your
father. The renounced share of the property then passes as though you had
predeceased your father. Karen M. Moore, Bricker & Eckler, Columbus, Ohio I think the first thing to
appreciate is that it is your father’s or parents’ money, which implies a
certain level of respect for their wishes. However, you and your sisters are the ones impacted by your
father’s decision. If you feel that you can bring up how uncomfortable an
unequal distribution would make you feel, you should discuss it with your
father. It may help to explain that your values are partly a product of the
values he imparted to you, and that you are grateful for having a strong sense
of fairness and love for your sisters. Next, I would suggest that when you do inherit, you may do as
you wish based on your own values. You could simply take one-third of your
inheritance and give it to your two sisters. At your father’s death, you should
consult with an estate attorney, as it may be possible for you to disclaim the
unequal portion and have it go directly to your sisters without gift tax return
implications. Bill Ramsay, Financial Symmetry, Raleigh, N.C.
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