(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 notjudicially reestablished; 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 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 treated as if the parent predeceased the child.
Source: 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 091287), 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.
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101. For legal effects of a final decree of adoption, see § 19-5-211. For the legal effect of a final order of relinquishment, see § 19-5-104.
SUBPART 2
PARENT-CHILD RELATIONSHIP
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101; for other provisions on parent-child relationships, see the "Uniform Parentage Act", article 4 of title 19.
Law reviews. For article, "The Adoptee Trap, the Accidental Beneficiary, and the Rational Testator", see 42 Colo. Law. 29 (Feb. 2013).