Do Terminated Paternal Rights Affect Heir Property Rights in Texas?

In Texas probate law, the termination of parental rights is a serious legal action that carries long-term consequences for both the parent and the child. But does the termination of a father's parental rights also eliminate the child’s ability to inherit from that parent?

This is a common and often misunderstood question, especially in cases involving heir property rights. As an experienced probate attorney in Houston, I regularly help families navigate complex inheritance questions—particularly when paternity and probate law intersect.

What Happens When Parental Rights Are Terminated in Texas?

Under Texas Family Code § 161.206(b), when a court terminates the parent-child relationship, it legally severs all rights and duties between the parent and child. However, inheritance rights are not automatically terminated unless the court specifically says so.

That means:

• A child still has the legal right to inherit from the biological father even after his parental rights are terminated—unless the court explicitly revokes that inheritance right in the termination decree.
• This can be crucial in probate matters involving heir property, especially if the father dies without a will (intestate).

Can a Father Inherit From the Child After Termination?

Under Texas Estates Code § 201.052(e), the situation is different when it comes to the father’s rights:

• A father whose parental rights have been terminated is barred from inheriting from the child, even if the child dies without a will.
• This is automatic and does not require any specific language in the termination order.

Summary: Inheritance Rights After Paternity Termination

1. Inheritance from the child to the terminated father is preserved unless the Court specifically revokes it within the Court's Order (a Court can cut it off at a later date).
2. Inheritance from the terminated father to the child is automatically barred and it cannot be changed by the Court.

Why This Matters in Heir Property Cases

Heir property refers to property passed down to heirs when a person dies intestate (without a will). If a biological father's parental rights were terminated but the court did not revoke inheritance rights, his children may still have a claim to his estate, creating complications in probate proceedings.

Conversely, if a terminated father's child passes away, the father cannot claim an inheritance—even if he is the biological parent.

When to Call a Probate Attorney in Houston

Issues involving paternity termination rights and heir property rights can be legally complex and emotionally charged. If you're dealing with a probate case involving terminated parental rights, it's important to consult with a knowledgeable probate attorney in Houston.

I can help you determine whether inheritance rights still exist, interpret the language of a termination decree, and protect your rightful claim to heir property.

Need Help With a Probate Dispute Involving Terminated Parental Rights?
Contact our Houston probate law office today for a consultation.