There may or may not be inheritance for children and parents who have had their parental rights terminated in South Carolina depending on the situation. A child may still inherit from a parent after their parental rights have been terminated in South Carolina. If the parent did not have a will and had their parental rights terminated, then the child will inherit that parents probate assets under the South Carolina Intestate Succession Laws. The child could get up to 100% of the parent’s probate assets if there is no spouse or could get 50% of the probate assets if there is a spouse. The child could also inherit from the parent who had their right terminated if the parent made a will before the child was born and again would inherit their share as if there was no will.
This means the child could get up to 100% of the parent’s probate assets if there is no spouse or could get 50% of the probate assets if there is a spouse. If the parent has a will they can disinherit the child they had their parental rights inherited from in that will. On the other hand a parent cannot inherit anything from a child who had their parental rights terminated. If a child did not have a will and did not have a child of their own or a spouse, then the parent would be the next in line to inherit under South Carolina’s Intestate Succession Laws.
When the parental rights are terminated then this goes away and the parent can no longer inherit the child’s assets this way. A child may still include their parent who had their parental rights terminated in their will, but this is the only way that the parent would inherit from the child.
Estate Planning Attorney