[WSBAPT] Termination of Parental Rights and Inheritance

[Lewis, Amy C.]

I think the answer is "probably not."  There is a case that addresses the opposite - whether the parent whose rights have been terminated can inherit from the child.  In that case the parent was not allowed to inherit.  From the probate Deskbook:

In re Estate of Fleming, 143 Wn.2d 412, 21 P.3d 281 (2001).  In Estate of Fleming, a natural mother gave her child up to a charitable society to be placed for adoption and had her parental rights terminated.  Although the child was never adopted into another family, neither the child's natural mother nor the child's natural brother were permitted to inherit when the child later died intestate.  The court said that the logic applied in Estates of Donnelly "also extinguishes the biological parent's right to inherit from his or her biological child who has been adopted."  Id. at 419.  Because the relationship with the natural mother was severed, the natural brother and the child placed for adoption no longer had a common ancestor through which the natural brother could inherit.  Id. at 421.



Amy C. Lewis, Attorney

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, July 22, 2015 1:13 PM
To: 'wsbapt at lists.wsbarppt.com'; KCBA Real Property, Probate and Trust Law Discussion List (realpropertyprobatetrustlaw at lists.kcba.org)
Subject: [WSBAPT] Termination of Parental Rights and Inheritance

Can anyone point me to a good point to start researching if a parent has parental rights terminated as a parent, does the child retain inheritance rights as to that parent?  Clearly, adoption terminates those inheritance rights, but I haven't run across this question before.

Still piecing together facts of the situation, but input is appreciated if any of you have run into this before. Sorry for cross post (KCBA & WSBA).

Heather

Heather S. de Vrieze
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