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LegalGems
LegalGems, Attorney
Category: Estate Law
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Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Is a child eligible security death benefits if the deceased

Customer Question

is a child eligible for social security death benefits if the deceased parent gave up their parental rights
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

A few more minutes please as I'm looking into this.

Expert:  LegalGems replied 1 year ago.

Thank you for your patience.

So in Texas, pursuant to the following statute, a child may still inherit through a parent even when those parental rights have been terminated (but the parent may not inherit through the child):

Sec. 161.206. ORDER TERMINATING PARENTAL RIGHTS. (a) If the court finds by clear and convincing evidence grounds for termination of the parent-child relationship, it shall render an order terminating the parent-child relationship.

(b) Except as provided by Section(###) ###-#### ***** order terminating the parent-child relationship divests the parent and the child of all legal rights and duties with respect to each other, except that the child retains the right to inherit from and through the parent unless the court otherwise provides.

(c) Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable access under Chapter 153.

(d) An order rendered under this section must include a finding that:

(1) a request for identification of a court of continuing, exclusive jurisdiction has been made as required by Section 155.101; and

(2) all parties entitled to notice, including the Title IV-D agency, have been notified.

statute here

The federal agency, via the following acts, will follow the intestate succession laws of the state at issue, so that in Texas, a child would receive death benefits.

Section 202(d)(1), Social Security Act

Social Security Act § 216(e)

For more information please see:

here

Expert:  LegalGems replied 1 year ago.

Did you have any questions on the above?

Expert:  LegalGems replied 1 year ago.

If you have any questions please post here and i will reply as soon as I see it.

Otherwise, kindly

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so the site credits me for researching this for you today.

Thank you!