2016 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 2 - Intestate Succession and Wills
Part 1 - INTESTATE SUCCESSION
Subpart 1 - . General Provisions
Section 45-2-114 - Parent barred from inheriting in certain circumstances.
45-2-114. Parent barred from inheriting in certain circumstances.
A. A parent is barred from inheriting from or through a child of the parent if:
(1) the parent's parental rights were terminated and the parent-child relationship was not judicially reestablished; or
(2) the child died before reaching eighteen 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 New Mexico other than the Uniform Probate Code on the basis of nonsupport, abandonment, abuse, neglect or other actions or inactions of the parent toward the child.
B. 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: 1978 Comp., 45-2-114, enacted by Laws 1993, ch. 174, 16; 2004, ch. 72, 1; 2011, ch. 124, 12.
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