QUESTION
After termination of parental rights, is the child entitled to inheritance if that parent dies without a will?
Asked on Jan 29th, 2013 on Estate Planning - Texas
More details to this question:
My friend passed away without a will. He signed away parental rights to his daughter and she was adopted by her mother's new husband. Is she entitled to his inheritance?
10 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The right of inheritance by the blood child is cut off by the giving up parental rights and by the subsequent adoption by the new husband of the wife, unless you include her in a will or trust as a specific beneficiary.
Answered on Feb 01st, 2013 at 8:33 PM
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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Once a parents rights are terminated that also terminates the child's rights to inherit under the intestate laws of the state. However, a parent can make the child an heir under a Will.
Answered on Feb 01st, 2013 at 4:19 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Normally not. Of course, the biological parent can still provide for the child in their estate planning documents.
Answered on Feb 01st, 2013 at 5:56 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, she is not.
Answered on Jan 31st, 2013 at 7:32 PM
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No. An adoption severs the parent/child relationship and she would no longer be an heir of her biological father.
Answered on Jan 31st, 2013 at 3:40 PM
If the child is adopted by another then she is not his heir in the absence of a will by him naming her as a beneficiary.
Answered on Jan 31st, 2013 at 3:40 PM
No. Termination of parental rights also terminates the child's right to inherit via Colorado's law of intestacy upon the death of the parent who's parental rights were terminated.
Answered on Jan 31st, 2013 at 3:39 PM
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No. There is no relationship. If she were named as a beneficiary in a will made after termination then yes.
Answered on Jan 31st, 2013 at 3:39 PM
No, a child whose parent has terminated parental rights inherits nothing under Michigan's intestate estate law. She would, of course, inherit from her adoptive father.
Answered on Jan 31st, 2013 at 3:36 PM
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Possibly. I'd have to look at the court order.
Answered on Jan 31st, 2013 at 3:35 PM