“Bad” Parents & Intestate Succession

Richard Lewis Brown (Professor of Law, William S. Boyd School of Law, University of Nevada Las Vegas) has recently published his article entitled Undeserving Heirs?–The Case of the “Terminated” Parent, 40 U. Rich. L. Rev. 547 (2006).

Here is the summary of the article provided by Lexis:

This article explores how the law functions at the intersection of these two statutory schemes – the inheritance regime, as expressed through intestate succession statutes, and the child welfare regime, as expressed through termination of parental rights statutes (“TPR statutes”). … How, then, should the law function at the intersection of these two very different statutory schemes – intestate succession and termination of parental rights? What is, and more importantly, what should be, the effect of a termination of parental rights order on the right of the terminated parent to inherit from the child? Should termination of parental rights automatically disqualify a terminated biological parent from inheriting? If so, why? Do we believe that all terminated parents are, by definition, “bad” parents and thus unworthy of inheriting from their children? Do we have reason to believe that disinheritance of the parent best reflects the intent of the child? And if termination of parental rights does extinguish the right of the parent to inherit from the child, should we similarly disqualify other relatives who are related to the decedent through the terminated parent? …