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    Chapter 5: Requirement that heir survive decedent by 120 hours.

      Section: 3B:5-14.1: "Minor" defined; loss of right to intestate succession by parent, certain circumstances.

4. a. As used in this section, "minor" means a person under the age of 18 years.

b. A parent of a decedent shall lose all right to intestate succession in any part of the decedent's estate and all right to administer the estate of the decedent if:

(1) The parent refused to acknowledge the decedent or abandoned the decedent when the decedent was a minor by willfully forsaking the decedent, failing to care for and keep the control and custody of the decedent so that the decedent was exposed to physical or moral risk without proper and sufficient protection, or failing to care for and keep the control and custody of the decedent so that the decedent was in the care, custody and control of the State at the time of death;

(2) The parent was convicted of committing any of the following crimes against the decedent:

(a) N.J.S.2C:14-2, Sexual Assault;

(b) N.J.S.2C:14-3, Criminal Sexual Contact;

(c) N.J.S.2C:24-4, Endangering Welfare of Children;

(3) The parent was convicted of an attempt or conspiracy to murder the decedent; or

(4) The parent abused or neglected the decedent, as defined in subsection c. of section 1 of P.L.1974, c.119 (C.9:6-8.21), and the abuse or neglect contributed to the decedent's death.

c. If a parent is disqualified from taking a distributive share in the estate of a decedent under this section, the estate shall be distributed as though the parent predeceased the decedent.

L.2009, c.43, s.4.

This section added to the Rutgers Database: 2013-06-10 16:36:30.

Older versions of 3b:5-14.1 (if available):

Court decisions that cite this statute: CLICK HERE.