Intestate succession-adopted children.

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Official Summary Text

Summary for LSO115
Bill No.:
HB0021
Effective
:
7/1/2015

LSO No.:
15LSO-0318

Enrolled Act No.:
HEA 30

Chapter No.:
51

Prime Sponsor:
Stubson

Catch Title:
Intestate succession-adopted children.

Subject:
Amends
provisions relating to intestate succession rights of adopted children.

Summary/Major Elements:

U
nder current l
aw
, an adopted child can inherit from both the biological parents and from the adoptive parents who do not leave a will.

This bill would eliminate the right of an adopted child to inherit through intestacy from a biological parent
who has lost or otherwise surrendered parental rights
. In th
e
case
of a child who was adopted by the spouse of a biological parent
, the child can inherit from the biological parent who
did not surrender
parental rights and from the adoptive parent who is, or was, married to the biological parent who
did not surrender
parental rights.

Comments:

Inheritance through intestacy
occurs when a deceased person did not leave a will specifying his/her wishes wi
th respect to whom the decedent’
s property should pass. In that situation, the State has intestacy statutes
direct
ing how the decedent’
s property will pass to
specified
survivors.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

ORIGINAL
House
Bill No
.
HB0021

ENROLLED ACT NO.
30
,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to intestate succession; eliminating the right of an adopted child to inherit from both natural and adoptive parents as specified; conforming a provision as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 2
‑
4
‑
107(a)(i) and 14
‑
2
‑
317(a)(ii) are amended to read:

2
‑
4
‑
107
.

Determination of relationship of parent and child.

(a)

If for purposes of intestate succession, a relationship of parent and child
shall be established to determine succession by, through or from a person:

(i)

An adopted person is the child of an adopting parent
and of the natural parents

for inheritance purposes
,

only.

but t
he adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent

for inheritance purposes
;

14
‑
2
‑
317
.

Effect of order of termination.

(a)

An order terminating the parent
‑
child legal relationship divests the parent of all legal rights and privileges and relieves the child of all duties to that parent except:

(ii)

Except as provided in
W.S. 2
‑
4
‑
107(a)(i), t
he right of the child to inherit from the parent shall not be affected by the order.

Section
2
.

This
act is effective July 1,
2015
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED:
_________

I hereby certify that this act originated in the
House
.

Chief Clerk

1