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Fatwa CenterHeirs of the Deceased's Brother who Had Died before
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A full brother) Number 2 - Additional information : The deceased has two full brothers. One brother died 10 years before the death of the person whos inheritance is in question. Does the heirs of the brother who died before his death will receive a share or only the living brother inherit all the legacy?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
If the brother who is still alive is the full-brother of the deceased, and he is not a half-brother from the mother’s side, or a half-brother from the father’s side, then he gets the entire inheritance if there is no other heir than him.
His nephews (the deceased's) from his brother who had died before him, do not inherit along with him, whether they are sons of his full-brother, or sons of a half-brother from the father’s side, because the sons of the full-brother and sons of the half-brother from the father’s side are prevented from the inheritance due to the existence of the full brother.
Finally, it should be noted –dear brother –that the matter of inheritance is very complex an issue, so in order to be on the safe side, a mere Fatwa which is an answer issued according to the way you state your question is not enough. Rather, the matter should be taken to an Islamic court or should be presented orally (in person) to one of the scholars in order for him to investigate and find out who the heirs are, as it might be that there is an heir who would not be known except after investigation.
Also, there might be a will, debts, or other dues that are not known to the heirs. These rights take precedence over the rights of the heirs in the inheritance. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of the dead and the live people.
Allah knows best.
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