Article on the Inheritance for the Illegitimate

Lauralee Strange(2014 J.D. Candidate, Texas Tech University School of Law) recentlypublished an article entitled, Inheritance for the Illegitimate: Children ofRape and the Need for Progressive Intestate Reform in Texas, 5 Est.Plan. & Cmty. Prop. L.J. 465 (Summer 2013).  Provided below is theintroduction to her article:

GenevieveRindfield gave birth to a daughter, Diane Burkhard, nine months after herdistant relative and employer, John Brooks, raped her.  Noone believed her story, and she and her daughter became outcasts. Rindfield did not bring suit because she wanted to avoid the negativeattention.  Fifty-one years later, Burkhard avenged hermother.  When Brooks died, Burkhard contested his will.  Despite his relatives’ objections, Burkhardhad the body exhumed, and a subsequent DNA test confirmed that Brooks wasBurkhard’s biological father.  At the time, unrecognized, illegitimatechildren could not claim inheritance in Michigan.  After Burkhardsuccessfully contested her biological father’s will and won $90,000 of hisestate, Michigan changed its laws.

Burkhardis committed to helping other children conceived through rape by establishingsupport groups and modifying laws across the country.  Burkhard states, “This is about men not takingthe responsibility, not being accountable for their actions—and the laws seemto be on their side when it comes to the illegitimate child.” Burkhard broughtnational attention to a topic that is not often recognized—a topic statelegislatures need to address.

Shouldadoption or abortion solve this problem?  For many women who conceive achild through rape, these are viable options. This discussion does not concern any debates about abortion versusadoption versus keeping the child; many women choose not to have an abortion orgive the child up for adoption for personal, for moral, or for a myriad ofother reasons.  This discussion concernsthe women who keep the child and the legislation that should be passed toprotect their families.  Because this is a changing area of probate law,Texas needs to follow other states’ leads and pass legislation that directlyaddresses inheritance rights of children conceived by rape.