HF 2444

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:12pm

A bill for an act
relating to probate; modifying exclusions from inheriting from or through a child;
amending Minnesota Statutes 2022, section 524.2-114.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 524.2-114, is amended to read:

524.2-114 PARENT BARRED FROM INHERITING IN CERTAIN
CIRCUMSTANCES.

(a) A parent is barred from inheriting from or through a child of the parent if:

(1) new text begin the parent-child relationship was not judicially established before the child reached
18 years of age;
new text end

new text begin (2) new text end the parent's parental rights were terminated and the parent-child relationship was not
judicially reestablished; or

deleted text begin (2) the child died before reaching 18 years of age and deleted text end new text begin (3) new text end there is clear and convincing
evidence that deleted text begin immediately before the child's death deleted text end new text begin before the child reached 18 years of age new text end
the parental rights of the parent could have been terminated under law of this state other
than this chapter 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to all probate proceedings commenced on, after, or before that date.
new text end