Extending Abatement to Non-Probate Succession

Abstract

Of necessity, the estate planner will have to educate and discuss the abatement issue with the client. The question of who gets assets when there is not enough to go around must be raised. Finding out the client’s wishes as to whether non-probate property beneficiaries are to be called upon to contribute is essential. Far from leaving things to chance, the client’s intent whether to opt out of the default provisions in the context of probate and non-probate transfers should be coordinated and expressed in the governing instruments. Ascertaining whether the client intends to favor beneficiaries of non-probate property should not be overlooked when drafting the estate plan.