The Oklahoma Bar Journal November 2024

law holds that adopted children count as valid descendants for the purposes of inheritance, and as a result, adopted children are granted the same rights under §132 as biological children are. 11 Even when a parent has termi nated all their parental rights to an adopted child, that child is still a valid beneficiary or devisee. 12 The termination of parental rights does not terminate the adopted child’s rights to an inheritance if not omitted as “the termina tion of parental rights negates the parent’s rights to inherit from the child … termination shall not ‘in any way affect the right of the child to inherit from the parent.’” 13 Children born out of wedlock present another situation for

A person interested in the estate or funds affected by the decree or order, who was not a party to the special proceed ing in which it was made, but who was entitled by law to be heard therein, upon his appli cation, or who has acquired, since the decree or order was made, a right or interest which would have entitled him to be heard, if it had been previously acquired, may move to reopen the judgment within thirty (30) days from the date of the decree or order. The facts which entitle such person to vacate the judgment must be shown by an affidavit which must be filed with the motion to vacate. 9

Title 12 O.S. §1031 provides for civil judgments to be corrected within 30 days after they have been entered, which would affect a pretermitted heir who intervenes or seeks to, in some way, make a claim in the probate. 10 If a claim is made outside of the confines of these statutes, it is unlikely that a pretermitted heir will find success in pursuing a decree that has already been entered as the time limitations set out by these statutes will have already passed, barring any action. FACT-SPECIFIC SITUATIONS Adopted children are treated no differently than biological chil dren when considering the matter of pretermitted heirs. Oklahoma

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL