QUESTION
What if parental rights are terminated but the child was never adopted are they entitled to an inheritance?
Asked on Feb 05th, 2014 on Automobile Accidents - California
More details to this question:
My ex was killed in a car accident, I had just had his parental rights terminated due to his drug addiction, would my children still be entitled to any inheritance? They have not been adopted.
20 ANSWERS
Edwin K. Niles
They should inherit.
Answered on Feb 11th, 2014 at 4:08 PM
2 Awards
The answer would depend on the exact wording of the termination order.
Answered on Feb 10th, 2014 at 11:45 AM
Generally, if your ex had support obligations to the children, they may be entitled to receive compensation.
Answered on Feb 07th, 2014 at 10:28 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You could ask the lawyer who helped with terminating his parental rights. If the kids were not adopted, I would say they probably inherit, but I have never handled this particular situation. Also, note that being entitled to proceeds of a wrongful death settlement is not on the same rules as inheritance; there might be separate answers for the probate estate and the wrongful death suit.
Answered on Feb 07th, 2014 at 10:27 PM
Corporate and Business Organizations Attorney serving Columbus, OH
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Arnold & Clifford LLC
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The children in this case may still be entitled to inherit from their father, depending on the terms of his Will.
Answered on Feb 07th, 2014 at 10:27 PM
Since he did not adopt your children by a prior relationship they would not be heirs to his estate.
Answered on Feb 07th, 2014 at 10:27 PM
James Eugene Hasser
They would be entitled to inherit only if they are blood relatives or have been named in his will.
Answered on Feb 07th, 2014 at 10:27 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the court terminated his rights as a parent, your children are not entitled to inherit anything. If the judge just gave you sole legal and physical custody, then they can. You need to talk with an attorney where the father lived to verify this.
Answered on Feb 07th, 2014 at 10:27 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas, rights of inheritance from a biological parent are not terminated by termination of parental rights. I hope the guy had something for his kids to inherit.
Answered on Feb 07th, 2014 at 10:26 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have written this question in as convoluted a manner as is possible. The parents rights were terminated? Right? the parent died? Does the child inherit from the deceased parent? Is that the question? If so I think the blood connection trumps. See a good probate lawyer if there is much involved.
Answered on Feb 07th, 2014 at 10:26 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Terminating parental rights is separate from rights of inheritance. Even a child who is eventually adopted can inherit from a natural parent if the natural parent died prior to the adoption of the child. A child can inherit from a natural parent.
Answered on Feb 07th, 2014 at 10:25 PM
Ronald A. Steinberg
Parental rights have to do with custody and visitation, not with inheritance.
Answered on Feb 07th, 2014 at 10:25 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The children are entitled to inheritance and have a cause of action against the person who caused their mother's death.
Answered on Feb 07th, 2014 at 10:25 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally losing parental rights has no effect on the parental obligations or the children's rights.
Answered on Feb 07th, 2014 at 10:24 PM
As parental rights had been terminated, your children are not "entitled" to an inheritance. However, you may be able to petition the probate court to acknowledge them as his heirs.
Answered on Feb 07th, 2014 at 10:24 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Seek the assistance of a family law lawyer to make the determination; question: does termination of parental rights terminate the legal relationship of parent child? If yes, then children cannot inherit from former parent; if no, then children could inherit from parent.
Answered on Feb 07th, 2014 at 10:24 PM
Thomas Edward Gates
Only his children have standing as a beneficiary.
Answered on Feb 07th, 2014 at 9:44 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Assuming he had no Will saying otherwise, I don't see any reason why they would not be entitled to inherit as heirs.
Answered on Feb 07th, 2014 at 9:43 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on the court order. These are very fact specific cases. There may also be additional rights that the children may have under State law.
Answered on Feb 07th, 2014 at 9:41 PM
2 Awards
The child will likely inherit but you need to have an attorney review the termination papers.
Answered on Feb 07th, 2014 at 9:37 PM