2022 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 2. Upc -- Intestacy, Wills, and Donative Transfers
Part 1. Intestate Succession
72-2-125. Parent barred from inheriting in certain circumstances
72-2-125. Parent barred from inheriting in certain circumstances. (1) A parent is barred from inheriting from or through a child of the parent if:
(a) the parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; or
(b) the child died before reaching 18 years of age and there is clear and convincing evidence that immediately before the child's death the parental rights of the parent could have been terminated under law of this state other than this code on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.
(2) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section is treated as if the parent predeceased the child.
History: En. Sec. 12, Ch. 313, L. 2019.
