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

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Terms Used In New Mexico Statutes 45-2-114

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intestate: Dying without leaving a will.
  • Probate: Proving a will

(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.