Notice of Wrongful Death Claim When Parental Rights Terminated
Decedent had parental rights terminated for minor child, who was then adopted by others. Am I right the children are still to receive notice of appointing personal representative for the estate and notice of wrongful death action?
Answer: The children remain heirs of their natural parents despite the adoption. See: Stark v. Watson, 1965 OK 191, 359 P.2d 191, 197: "There are no words or expressions in our descent and distribution statutes which, in any way, limit or prohibit an issue of a decedent from inheriting from its natural parents, even though such issue may have been adopted by another. By virtue of our descent and distribution statutes, respondent is entitled to her proportionate share of decedent's estate. The law grants her this right to inherit and there being no other law limiting or prohibiting her from inheriting by reason of her adoption, her right to inherit remains."
Posted on Thu, March 1, 2012
by Sharon Coleman filed under