700.3902 Distribution; order in which assets appropriated; abatement.
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700.3902 Distribution; order in which assets appropriated; abatement.
Sec. 3902.
(1)Subject to subsections
(2)and
(3)and except as provided in section 2301(3) or 2302(1)(b)(iv), distributees' shares abate, without a preference or priority between real and personal property, in the following order:
(a)Property not disposed of by the will.
(b)Residuary devises.
(c)General devises.
(d)Specific devises.
(2)For purposes of abatement, a general devise charged on specific property is a specific devise to the extent of the value of that specific property and, upon the failure or insufficiency of the property on which the devise is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amount of property each beneficiary would have received if full distribution of the property had been made in accordance with the terms of the will.
(3)If the will expresses a different order of abatement, the will controls. If the testamentary plan or the devise's express or implied purpose would be defeated by the order of abatement stated in subsection (1), the distributees' shares abate as found necessary to give effect to the testator's intention.
(4)If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
History: 1998, Act 386 , Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54 , Eff. Apr. 1, 2000
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