Roseville, MI asked in Estate Planning and Child Custody for Michigan

Q: Can children removed from custody ,still have rights to a WILL if their mom was left something in it ?

Mom died left everything to her two daughters and one daughter had her children legally taken away . That daughter died ..Does her children still have rights In the WILL because it says if daughter is not alive it goes to her children ..but for the record the WILL was wrote in 1999 before her daughters were even of age ..so her kids are not named in the WILL

2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Do you know whether the daughter's parental rights were terminated or if she just did not have legal custody? If her rights were terminated, then no, her kids would not inherit from your mom as termination of parental rights severs kinship; if the daughter just lost legal custody (e.g. the father or someone else had sole legal custody), then yes, her kids may receive an inheritance.

Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: It's certainly an interesting scenario, something that I think needs more analysis, I think more information is necessary before an answer can be given.

Regarding termination of parental rights MCL 700.2114:

"(1) Except as provided in subsections (2), (3), and (4), for purposes of intestate succession by, through, or from an individual, an individual is the child of his or her natural parents, regardless of their marital status. [...]"

(3) "The permanent termination of parental rights of a minor child [...] ends kinship between the parent whose rights are so terminated and the child for purposes of intestate succession by that parent from or through that child."

The relationship for the purposes of succession by the parent FROM the child is severed, but the relationship from child TO parent doesn't appear to be affected. I don't know that this definitively answers any questions, I would consult with an attorney who can devote the time necessary to analyze this situation.

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