I am a muslim living in the U.S. and my husband and I need to make wills but I am puzzled about something. In case of death of a spouse how does one determine who owns what in the following cases: Property like a car or house held in joint tenancy w/right of survivorship? Property like furniture and household equipment, bought for use of all? What about accounts like IRAs and 401Ks which by law can only be in one person’s name but are intended to provide for both spouses in old age and is transferred to beneficiaries?

All praise be to Allah, and may His blessings and peace be on His last prophet and messenger, Muhammad.

Regarding jointly owned properties, the part owned by the deceased shall be divided between the beneficiaries. The division should be done according to Islamic law. Whatever the deceased grants to his wife during his life or others shall be theirs. Whatever the survivors willingly give to one or some of them shall be theirs. Whoever bought the house furniture shall be their owner, unless they were considered part of the mahr of the woman, or given away to her, or another arrangement is mutually agreed upon. The 401K belongs to the worker, unless otherwise is agreed upon amongst the spouses.

Allah knows best.