What if parental rights are terminated but the child was never adopted are they entitled to an inheritance? 26 Answers as of February 11, 2014

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.

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Stephens Gourley & Bywater | David A. Stephens
If he did not have an will his assets would go to his heirs.
Answer Applies to: Nevada
Replied: 2/7/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
They should inherit.
Answer Applies to: California
Replied: 2/11/2014
Law Offices of Carl L. Brown | Carl L. Brown
Generally, if your ex had support obligations to the children, they may be entitled to receive compensation.
Answer Applies to: California
Replied: 2/7/2014
John Russo | John Russo
You'r question makes no legal sense, his rights could not have been terminated as you claim, (by you) without an abandonment petition along with an adoption petition, so either his rights are not terminated or they were terminated by the State, so get all the facts and then ask your question.
Answer Applies to: Rhode Island
Replied: 2/7/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
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.
Answer Applies to: Oregon
Replied: 2/7/2014
    Law Offices of Ian Heyman | Ian Heyman
    The children in this case may still be entitled to inherit from their father, depending on the terms of his Will.
    Answer Applies to: Ohio
    Replied: 2/7/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    They would be entitled to inherit only if they are blood relatives or have been named in his will.
    Answer Applies to: Alabama
    Replied: 2/7/2014
    Law Offices of George H. Shers | George H. Shers
    Since he did not adopt your children by a prior relationship they would not be heirs to his estate.
    Answer Applies to: California
    Replied: 2/7/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    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.
    Answer Applies to: Idaho
    Replied: 2/7/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 2/7/2014
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    No. Termination of parental rights means that no parent-child relationship exists as of the moment the order is signed. They are no longer related to him and are strangers as far as the laws of inheritance are concerned. If he left a will giving them something, that is a completely different matter.
    Answer Applies to: Utah
    Replied: 2/7/2014
    Graves Law Firm
    Graves Law Firm | Steve Graves
    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.
    Answer Applies to: Texas
    Replied: 2/7/2014
    The Krone Law Firm, LLC | Norman B. Krone
    Your children, but not you, have rights of inheritance.
    Answer Applies to: Florida
    Replied: 2/7/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Parental rights have to do with custody and visitation, not with inheritance.
    Answer Applies to: Michigan
    Replied: 2/7/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Yes, if he died intestate (without a Will), 1/2 of his estate goes to his parents and 1/2 goes to his children.
    Answer Applies to: Illinois
    Replied: 2/7/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 2/7/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    The children are entitled to inheritance and have a cause of action against the person who caused their mother's death.
    Answer Applies to: Washington
    Replied: 2/7/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally losing parental rights has no effect on the parental obligations or the children's rights.
    Answer Applies to: Michigan
    Replied: 2/7/2014
    James Law Group
    James Law Group | Christine James
    The child will likely inherit but you need to have an attorney review the termination papers.
    Answer Applies to: California
    Replied: 2/7/2014
    Frederick & Frederick PLC | James P Frederick
    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.
    Answer Applies to: Michigan
    Replied: 2/7/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 2/7/2014
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Assuming he had no Will saying otherwise, I don't see any reason why they would not be entitled to inherit as heirs.
    Answer Applies to: Illinois
    Replied: 2/7/2014
    Danville Law Group | Scott Jordan
    Yes, his children would still be his natural heirs, unless he had a will or trust naming someone else. If he had life insurance or a retirement account, if your children were listed as beneficiaries, they would receive the money, unless they are minors, in which case a blocked trust account would need to be set up. Did he own any property? If yes, probate may need to be opened to administer his estate.
    Answer Applies to: California
    Replied: 2/7/2014
    Gates' Law, PLLC | Thomas E. Gates
    Only his children have standing as a beneficiary.
    Answer Applies to: Washington
    Replied: 2/7/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 2/7/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    The answer would depend on the exact wording of the termination order.
    Answer Applies to: Texas
    Replied: 2/10/2014
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