12 N.W.3d 802
Neb.2024Background
- Brent McCormick died intestate in Nebraska, leaving no spouse or children other than Beth Roberts.
- Beth Roberts is Brent’s biological daughter, with paternity legally established in 1991.
- Brent’s parental rights to Beth were terminated in 1992, but Beth was never adopted by another.
- Tracy McCormick, the temporary personal representative, initially did not list Beth as an heir and argued Beth could not inherit after the termination.
- The county court ruled that Beth was entitled to inherit, reasoning Nebraska statutes barred only the parent from inheriting after termination of parental rights, not the child.
- Tracy appealed, arguing that the termination of parental rights should bar Beth from inheriting from Brent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a biological child inherit from a parent after termination of parental rights under Nebraska intestacy law? | Tracy: Termination extinguished Beth’s inheritance rights. | Beth: Statutes only bar parent, not child, from inheriting. | Child’s right to inherit is not extinguished by termination of parental rights. |
Key Cases Cited
- In re Estate of Luckey. Bailey v. Luckey, 206 Neb. 53 (Neb. 1980) (held adopted child may not inherit from former adoptive parent after second adoption and parental relinquishment; distinguished by court as different since Beth was not adopted)