1.    A parent is barred from inheriting from or through a child of the parent if the parent’s parental rights were terminated and the parent-child relationship was not judicially re-established or 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 child’s parent could have been terminated under other law of this state on     the basis of nonsupport, abandonment, abuse, or neglect, or other actions or inactions of the parent toward the child.

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Terms Used In North Dakota Code 30.1-04-09

  • 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.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    For purposes 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.