Q: A brother estimates 3 years of under declared taxes and has no cash or funds or Job to be able to make up the missed payment. He also has some unsecured debt which he is unable to pay. He owns a house however his wife and children live in this.
Essentially he does not have any means to to make up for the under declared taxes, in this situation what is the most appropriate course of action?
الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب
A: If one has debts [not including interest] that are owed to other people then these will be met from the estate before any bequest or distribution amongst the heirs. Thus after the expenses of last rites are met, the creditors will have the first right to recover their debts. If there is anything left in the estate that will be distributed amongst the heirs. If the debts owed to the creditors are not cleared, the individual will be held to account in the hereafter.