Parents have the right to inherit from their children … UNLESS

Being the legal parent of a child does not mean your parental rights are absolute. In other words, if it comes down to your rights and what is in the best interests of the minor – especially if you’re not performing your duties as a parent – a judge will rule in favor of the child every time.

In extreme cases of misconduct, that could also mean some or all of your parental rights could be stripped from you, including the right to inherit in the unfortunate case where your child’s death precedes yours.

No one wants to think about their children dying, but it happens. In these painful situations, parents have the right to inherit from their child under the Law of Descent and Distribution. This goes for birth parents, legal adoptive parents, and intended parents with a gestational agreement.

However, a probate court can prohibit inheritance when a child under the age of 18 dies if it is proven that the parent(s) committed any one of the following acts:

  1. Parent(s) voluntarily abandoned and failed to support the child for at least three years before the date of the child’s death, and did not resume support for the child before that date.
  2. Parent abandoned the child’s mother beginning at a time during her pregnancy with the child and continuing through birth, failed to provide adequate support for the mother during the period of abandonment before the child’s birth, and remained apart from the child since birth.
  3. The parent was convicted for being criminally responsible for the death or serious injury of the child or engaged in conduct that caused the death or serious injury of the child.

As a parent, you should be strictly upholding your duties. Spouses must jointly care for their offspring until those children are no longer considered minors by law (18 or older, married, or emancipated). It is also important to note that even in divorce, that legal responsibility continues.

Call Nelson Law Group today!!

It is imperative to have an experienced lawyer in your corner for anything family law related – especially when the conversation involves children. Give our knowledgeable staff here at Nelson Law Group, PC in Flower Mound a call if you have any further questions regarding this or any other issue.

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