SB 249

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.

This bill extends the prohibition to include all children who die without leaving

a will, regardless of age. Under the bill, a parent has abandoned a deceased adult

child if 1) for at least one year before the child's death and without cause, the parent

failed to communicate with the child;

and

2) for at least one year before the child

reached the age of majority 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. As under current

law, 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.