Q: Can a parent who has lost their rights (age 8) get part of an insurance settlement after accidental death (17)?
My nephew (17) was killed in a car accident back in June. His mom had lost parental rights (because of physical abuse) when he was 8. My brother's 2nd wife adopted him when he was 10. Unfortunately, my ex sister-in-law (2nd wife) accused my brother of raping her daughters (that he had adopted) and even without proof, he was sentenced to prison and she signed away her rights. My nephew's mom has gotten a lawyer to represent her for the insurance money that the driver of the car's insurance co. is supposed to pay out. Her lawyer says that she is entitled to the money even though my parents became his guardian upon my brother's incarceration last December. They posted it in the paper for a month to see if anyone was contesting my mom becoming his executor. My question is, does his biological mom have any rights to the money. She has not contributed anything financially since he was 8 and my parents paid all the funeral costs.
A: It sounds like your mom has an attorney and she should be guided by what the attorney says. A termination of parental rights does not mean the parent is suddenly no longer a parent.It will get highly technical and hopefully they will get something out of it.
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