biological father terminated rights

[bengalcat]

What is the name of your state? south dakota

My ex husband terminated his parental rights when my son was 2 and let my new husband adopt him. The last time my ex saw him he was 6 month old. On Dec 3rd 2004 he turned 14 and on December 5th 2004 he was killed in a car accident. The Attorneys for the insurance company of the driver of the vehicle said we need to go to probrate court. (i understand this) They said they will send notification letters to my husband me and the 5 siblings. They also told me that they will notify my ex of the probate hearing as he may have rights to the settlement money. Is this CORRECT? If he gets money can I then go and get 13 and 1/2 yrs of back child support and half of funeral expenses? I didnt notify him of death but he found out and came to funeral. I also posted on the probate.

[stealth2]

I don't know the answer to your question. But I am so sorry for your loss.

[tigger22472]

I would call for a free consult from a family law attorney because it is my understanding that once the child/ parent relationship is legally terminated there are no rights to inheritance... of course I've heard that when the parents die and not the child but I wouldn't see why it would be any different.

I too am sorry for your loss and I'm sure that this just compounds to everything so please call for a free consult before you do anything regarding bio father.

[BelizeBreeze]

What does the insurance carrier say as to beneficiaries on the policy?

the fact that the bio-father terminated his rights has nothing to do with the insurance. Insurance benefits move outside probate and are paid to the beneficiaries.

I don't think there is a chance the bio-father will recover since the child was two when he terminated his rights and no two year-old I know of has auto insurance.

The others are correct in that a TPR terminates all legal rights and obligations between the child and the parent. So the answer to your other question is NO, you cannot recover back child support from the point of the TPR to now. Even if there was some freak of law that gave the bio-father rights to share in the insurance benefits.

The ONLY back child support you would be able to capture is from birth to the TPR date, if any.

[tigger22472]

Originally Posted by BelizeBreeze

What does the insurance carrier say as to beneficiaries on the policy?

the fact that the bio-father terminated his rights has nothing to do with the insurance. Insurance benefits move outside probate and are paid to the beneficiaries.

I don't think there is a chance the bio-father will recover since the child was two when he terminated his rights and no two year-old I know of has auto insurance.

The others are correct in that a TPR terminates all legal rights and obligations between the child and the parent. So the answer to your other question is NO, you cannot recover back child support from the point of the TPR to now. Even if there was some freak of law that gave the bio-father rights to share in the insurance benefits.

The ONLY back child support you would be able to capture is from birth to the TPR date, if any.

*hits self over head*... duh! of course my mind was on the TPR wasn't even thinking that the insurance would be a separate issue completely.

BB, you might answer this as I'm not up on my probate and wills thing (although I'm learning a bit since my friend lost her last surviving parent)... why in this situation is there even probate and why does the siblings need to be informed?

[jdpx4]

No advice here, just sympathy even though I don't know your family. What a tragedy. I hope everything goes well for you, and that you don't have to fight for what is rightfully yours.