Abatement of distributee shares; contribution by legatees and
devisees
Sec. 4. When real or personal property which has been
specifically devised, or charged with a legacy, shall be sold or taken
by the personal representative for the payment of claims, general
legacies, the allowance provided by IC 29-1-4-1, the shares of
pretermitted heirs or the share of the surviving spouse who elects to
take against the will, other legatees and devisees shall contribute
according to their respective interests to the legatee or devisee whose
legacy or devise has been sold or taken, so as to accomplish an
abatement in accordance with the provisions of IC 29-1-17-3. The
court shall, at the time of the hearing on the petition for final
distribution, determine the amounts of the respective contributions
and whether the same shall be made before distribution or shall
constitute a lien on specific property which is distributed.
(Formerly: Acts 1953, c.112, s.1704.) As amended by Acts 1981,
P.L.260, SEC.3.
Last modified: May 27, 2006