New Jersey Statutes 3B:5-14.1. “Minor” defined; loss of right to intestate succession by parent, certain circumstances
Terms Used In New Jersey Statutes 3B:5-14.1
- Decedent: A deceased person.
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
- Intestate: Dying without leaving a will.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
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.