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§ 45-2-114 NMSA 1978

Parent barred from inheriting in certain circumstances

Known as the Uniform Disclaimer of Property Interests Act

The act spans §§ 45-2-1001 to 45-2-914 (118 sections).

Applied in 2 court decisions — leading case DePaoli v. Commissioner (1995)

Most recently applied in Quinto Depaoli, Jr., Estate of Quinto Depaoli, Deceased, Soila Depaoli and Rachel Craig, Personal Representatives v. Commissioner of Internal Revenue (July 1995)

1978 Comp., § 45-2-114, enacted by Laws 1993, ch. 174, § 16; 2004, ch. 72, § 1; 2011, ch. 124, § 12.

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.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.