Intestate inheritance by a parent who abandons a child

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill expands a current prohibition on inheritance by a parent who abandons a child who dies intestate. Current law prohibits a parent who abandons a child from inheriting from that child's estate in the event the child does not leave a will and if the child dies while still a minor. Under the bill, if a child dies without will, a parent who has abandoned that child is prohibited from inheriting from the child's estate regardless of whether the child is a minor or an adult at the time of death.

Under current law, if a child dies intestate, the parents of the deceased child inherit the child's estate if the child was not married and did not have any children of his or her own. Under current law, a parent who abandons a minor child, as determined by a court, is prohibited from inheriting from the child's estate by intestate succession, but only if the child dies while still a minor. Under current law, a parent has abandoned a deceased child if, for at least one year before the minor child's death and without cause, the parent failed to communicate with the child, care for the child as required by law or court order, and provide for the child's maintenance and support as required by law or court order. If a parent is prohibited from inheriting from a deceased child due to abandonment, the child's intestate estate passes as if the parent predeceased the child.

Who's behind it

2 senators are its authors⁠. All 2 are Democrats.

4 more lawmakers signed on in support⁠.