New York, NY asked in Estate Planning and Probate for Nebraska

Q: Nebraska Revised Statute 43-293.

The Statute states An order terminating the parent-juvenile relationship shall divest the parent and juvenile of all legal rights, privileges, duties, and obligations with respect to each other and the parents shall have no rights of inheritance with respect to such juvenile

Does this mean the parent and juvenile can't inherit from each other or does it mean that the parent can't inherit from the juvenile, but the juvenile can inherit from the parent?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: If a parent's parental rights are terminated, it generally ends the legal relationship. Thus, the statutes of inheritance among parent-child are also generally severed. Thus, if the parent dies without a will, then the child isn't likely to inherit as a "child" of the parent since the legal relationship has been terminated. The same is true if the child predeceases the parent. A parent can still put the child in their will just as you can put a non-relative in your will if you include them by name.

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