Q: My brother just died. He was divorced for many years and had two children with his ex-wife but gave up parental rights.
So her new husband could adopt them. Do the children have a right to his property and get to decide how and where he will be buried? Also our mother and father are deceased. As the oldest sibling do I have the right to make these decisions. My brother had no will.
Thank you!
A: It depends. If his rights were formally terminated by a Texas court order, that order would have normally had a paragraph stating whether the rights to inherit were terminated as well. Get a copy of that order and call me or consult an attorney.
A: It's important to obtain a copy of the termination order as that may state whether or not the children have the right to inherit from him. If there is nothing mentioned then Texas Intestate law allows for the children to inherit from the father even though his rights were terminated.
A: Unless the adoption order specifically indicated that the children do not take, then they have rightful claims as heirs. Also, there may not even be a formal order of termination. It will be difficult to get any orders of adoption from the court. So, get an attorney in the county where your brother resided before his death. Good luck 888-343-4529.
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