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Tax Apportionment
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Issue With regard to estate tax, does:
1. each beneficiary’s gift get reduced for his or her “fair share,” or 2. it get paid under normal abatement order?
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EC Chapter 124 Apportionment presumed.
Covers both probate and non-probate assets. Testator can provide otherwise in will.
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Patrick v. Patrick – p. 150 “All taxes * * * which may be payable by reason of my death * * * shall be charged against and paid out of my estate.” Issue: Is this language enough to trigger non-apportionment? Yes. No. Court did not answer this question.
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