C.R.S. § 15-11-114 - Parent barred from inheriting in certain circumstances

• Cite as: C.R.S. § 15-11-114

(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 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 the laws 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 deemed to have predeceased the child.

Cite as C.R.S. § 15-11-114

History: Amended by 2022 Ch. 60, § 7, eff. 8/10/2022.

History: L. 94: Entire part R&RE, p. 980, § 3, effective July 1, 1995. L. 2009: (2) amended, (HB 09 -1260), ch. 107, p. 444, § 9, effective July 1; entire section amended, (HB 09-1287), ch. 310, p. 1674 § 7, effective July 1, 2010.

Editor's Note:

This section is similar to former § 15-11-109 as it existed prior to 1995.

Note: 2022 Ch. 60, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

Note:

COMMENT

2008 Revisions. In 2008, this section replaced former Section 2-114(c), which provided: "(c) Inheritance from or through a child by either natural parent or his [or her] kindred is precluded unless that natural parent has openly treated the child as his [or hers], and has not refused to support the child."