Islamic Estate Planning in NY & TX

Bandukra Law drafts Shariah-compliant wills, revocable and irrevocable trusts, powers of attorney, and health care directives for Muslim families across Long Island, New York City and the surrounding counties, and the State of Texas. Documents are prepared to follow Quranic inheritance rules while remaining valid and enforceable under New York or Texas law. Most plans are quoted flat-fee. The first consultation is free.

Islamic Wills (Wassiyah)

Under Islamic law, an inheritance plan is divided between the obligatory shares paid to designated heirs under the rules of faraid, and a discretionary one-third of the estate available for distribution to non-heirs by wasiyyah. A properly drafted Islamic will respects both. Bandukra Law drafts wills that:

• Distribute the obligatory portion of the estate according to faraid (the fixed Quranic shares)

• Direct the 1/3 wasiyyah portion toward charitable bequests (sadaqah jariyah), gifts to non-heir relatives, or beneficiaries who would not otherwise inherit under Shariah

• Appoint guardians for minor children, with successor guardians named where the first choice is unable to serve

• Include burial and funeral directives consistent with Islamic practice (ghusl, kafan, janazah, and prompt burial without embalming or cremation)

• Comply with the documentary formalities required by New York EPTL or the Texas Estates Code so the will is admitted to probate without challenge

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Trusts & Asset Protection

A will alone does not avoid probate. In New York, an estate that proceeds through Surrogate's Court typically takes 9 to 18 months and incurs court fees, executor commissions, and attorney's fees that reduce the amount ultimately distributed to heirs. A funded revocable living trust avoids that process entirely.

For Muslim families, Bandukra Law drafts revocable trusts that direct the trustee to distribute trust assets according to Islamic inheritance rules at the grantor's death while leaving the grantor in full control of the assets during life. For families with larger estates, the firm also prepares irrevocable trusts for asset protection, Medicaid planning, and tax planning, structured to remain consistent with Shariah principles.

Charitable endowments (waqf) for ongoing giving after death may be incorporated into either a will or a trust, depending on the client's circumstances.

For business owners, a will alone is generally insufficient to transfer a closely held company. Such transfers require succession documents that operate alongside the operating or shareholder agreement, including buy-sell provisions, drag-along and tag-along rights, valuation methodology, and instructions on whether the company is to be sold or retained in the family at the owner's death.

For Muslim business owners, the inheritance side must follow Shariah while the corporate side must follow the agreements signed with business partners. Bandukra Law drafts the estate documents and the corporate documents in coordination so they operate consistently.

Business Succession Planning

Why Estate Planning Matters

Estate planning is treated as a religious obligation in Islam. The Prophet (peace be upon him) is reported to have stated that no Muslim should let two nights pass without a written will, and the Quran prescribes specific inheritance shares in Surah An-Nisa (4:11-12).

Without a written estate plan that meets the legal requirements of the state of residence, assets pass under state intestacy law. Under New York law, a surviving spouse takes the first $50,000 plus one-half of the remainder, and the children divide the balance equally regardless of gender. These rules do not align with faraid. The estate may also pass through Surrogate's Court probate, which is public, time-consuming, and expensive.

A properly drafted Islamic estate plan accomplishes four objectives at once. It follows the inheritance rules required by Islamic law. It remains valid under the secular law of the state of residence. It keeps the family out of court where possible. And it provides clear instructions on guardianship, health care, and burial so the family is not required to make those decisions in a moment of crisis.

Download our worksheet here prior to our free consult

Consult

How it Works

1. Free consultation. In person at the Oceanside office or by Zoom. The discussion covers the client's family, assets, and objectives. The planning worksheet is sent in advance to ensure the meeting is productive.

2. Drafting. Wills, trusts, powers of attorney, and health care documents are prepared based on the consultation. A draft is provided to the client for review.

3. Review and revisions. Documents are reviewed with the client, and any provisions that do not match the client's intent are revised before signing.

4. Execution. New York and Texas have specific execution formalities (witnesses, notaries, and self-proving affidavits). Document signing is supervised by the firm so the documents are legally valid the day they are executed.

Why Not a Boxed Islamic Will?

Online will templates and AI-generated estate plans appear to offer cost savings. In practice, they often do not.

A will alone does not avoid probate. In New York, even a small estate proceeding through Surrogate's Court typically takes 9 to 18 months and incurs filing fees, attorney's fees on the petition, and executor commissions. The savings from a $200 template are easily exceeded by the cost of probating the resulting estate.

Do-it-yourself trusts frequently fail because the trust document is drafted but the assets are never retitled into the trust. An unfunded trust accomplishes nothing. The grantor passes away, the assets remain in his individual name, and the family ends up in probate notwithstanding the trust.

Templates also do not address the components of an Islamic plan that matter most. Calculating faraid distribution correctly when the heirs include a surviving spouse, parents, sons, and daughters is not a function a form can perform. Coordinating burial directives with a remains agent designation; structuring a revocable trust holding S-corporation shares so that it qualifies as a QSST or ESBT (and the S election is preserved); and addressing community property issues for Texas residents are all areas where templates fail.

Bandukra Law is regularly retained to correct deficient template-based plans after they have been deemed insufficient.

Contact Us for Islamic Estate Planning

Submit a message and the firm will respond within one business day. The first consultation is free and may be conducted by phone, Zoom, or in person at the Oceanside office.