Legal Question in Family Law in Michigan
Parental rights termination
I have a half sister who's mother divorced our father when she was a small baby.The mother remarried and wanted to have the step-father adopt.My father was asked to sign away parental rights.It is unknown if he did or if his rights were terminated in a Michigan court.The child was born in New Mex. and that is where my father was residing at the time. Dad later moved to Tx where he executed his will.He passed this last year. He had no contact with my half sister for 32 years,but they had a meeting in 1992.Afterward he made some monitary provisions for her. His will was executed in 1984.At that time he was married with step children.He divorced in 1990.His will left everything to x-wife.If she did not survive him then property was left to his "children who survive me in shares of equal value".Can this sister now take under the will if she was not named being he was no longer her "father"?
2 Answers from Attorneys
Inheritance and Termination of Parental Rights
In Texas, the right to inherit from a terminated parent is governed by statute, which states that the right to inherit is not extinguished unless the termination decree specifically so states. But this issue forms only the beginning of your inquiry. Without reviewing older statutes, we do not know what the law of Texas was years ago or the law of Michigan, either. Further, rights to inherit could be vested at a certain time such that a subsequent legislative change could not alter them under the ex post facto provisions of the Constitution.
Inheritance right of adopted child.
As a quick observation, Texas Family Code Section 161.206 (b) provides that a child retains the right to inherit from and through a terminated parent, unless the court otherwise provides. This does not mean that Michigan or New Mexico would have anything similar, but it would probably mean that if you want that child to not inherit because her father's parental rights were terminated, you would have to provide some better reason than is indicated by 161.206 (b). I have not looked to see if there is any case law defining the word child in this context, so, who knows? If there were provisions for this child in some court order, other than a termination, such as child support, some orders require that the child support obligation is an obligation of the estate. This is something which would ordinarily require legal research to determine.
This message does not constitute the hiring of this lawyer for any purpose. It is general information only and you should REALLY seek legal counsel immediately and hire them and pay them if you want legal information for your specific matter. This should merely be taken as general information for you to begin your research so that you will be better informed when you consult your lawyer.
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