What Is Abatement?
Abatement is a legal term with several distinct meanings depending on context. In probate and estate law, abatement refers to the proportional reduction of bequests when an estate cannot satisfy all of its obligations. In property law, it describes the removal or correction of a nuisance. In tax law, it means a reduction or exemption from a tax obligation.
Abatement in Florida Probate
Florida Statute Section 733.805 establishes the order in which devises are reduced when an estate's assets fall short. Residuary devises abate first, followed by general devises, and finally specific devises. This statutory order ensures that a decedent's most targeted gifts are preserved as long as possible. Probate attorneys must calculate abatement carefully, especially in estates with multiple beneficiaries and significant debts.
Nuisance Abatement
In Florida property law, abatement often refers to eliminating conditions that interfere with the use and enjoyment of land. Local governments enforce nuisance abatement through code enforcement proceedings, while private landowners may file civil actions seeking injunctive relief. Common targets include abandoned structures, environmental contamination, and persistent noise or odor violations.
Related Terms
Barnes Walker Probate and Estate Planning
Barnes Walker's probate attorneys handle abatement calculations and estate administration throughout Manatee and Sarasota counties. Contact us if you need help with an estate matter involving insufficient assets or disputed distributions.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC