Section 852.14. Inheritance by a parent who abandons a child.
Latest version.
- (1) In this section, “abandoned" means failed without cause to do all of the following for at least one year immediately before the death of a minor child:(a) Communicate with the minor.(b) Care for the minor as required by law or court order.(c) Provide for the minor's maintenance or support as required by law or court order.(2)(a) A personal representative of a minor who died intestate who has actual knowledge or reasonable cause to believe that the minor was abandoned by a parent shall file a petition with the probate court with jurisdiction for a determination that the parent abandoned the child.(b) Any interested person may file a petition with a probate court with jurisdiction for a determination that a parent of a minor who died intestate abandoned the minor.(3) Notwithstanding s. 852.01 (1) , if a court determines that a parent abandoned his or her minor child and the child died intestate while a minor, the parent may not inherit from the child's estate under s. 852.01 . If a parent is barred from inheriting from a child's estate under this section, the child's estate passes under s. 852.01 as if the parent predeceased the child.(4) A parent who is barred from inheriting from a child's estate under sub. (3) is not considered an heir of the child beginning on the date a court determined that the parent abandoned the child.