Two spouses dying in a fire and it is not known who died first
Q: It was Allah's will (Glorified be He) that seven people of my family died in a car accident; my daughter, her husband, her two children, my wife, and my other two daughters.
They suddenly encountered a gas truck. The car burned and no one knew who was the first to die.
Even the hospital could not decide this because the corpses were turned into ashes and cut remnants; may Allah protect you. My question is: Is my daughter entitled to inherit from her husband and visa versa? Am I entitled to inherit from my daughter? Please answer me quickly as I have disagreed with my daughter's father in law on this matter which has been raised now before the judge of Rahimah court. The judge asked us to ask you about this issue. Please send a statement of the Fatwa that you will issue to the judge of Rahimah court quickly. May Allah reward you with all the best for helping us.
(Part No. 16; Page No. 544)
If the matter is exactly as what is mentioned in the question, the proper opinion is that none of those who died in the burning is entitled to inherit from the other. This is because the condition of inheritance is not met which is the existence of the heir at the time of the death of their testator. Consequently, the estate of every one of the concerned deceased people is to be inherited by heirs other than those of the people who passed away in the same accident. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.