1 American Indian Probate Reform Act of 2004 (AIPRA)

2 Floyd H. Azure II Montana State University Extension Undergraduate Student Assistant Marsha A. Goetting Montana State University Extension Family Economics Specialist; Department of Agricultural Economics & Economics

3 Purpose of AIPRA To Prevent Further Fractionation of Trust Lands. To Encourage Consolidation of Indian Land Ownership.

4 AIPRA: Probate Sections Effective for persons who pass away on or after June 20, 2006

5 AIPRA State law no longer applies to Trust Property when a person passes away without a will.

6 14 Fact Sheets Highlight Describe Illustrate

7 Individual Indian Money Accounts

8 Your (IIM) Account Fact Sheet #13 What happens to your money if you pass away without a will?

9 IIM Accounts Money earned from  Leases  Timber/Land Sales  Grazing  Mineral Royalty Payments

10 Do I have an IIM account? Office of the Special Trustee (OST) on each reservation Ledger Report

11 OST Phone Numbers Blackfeet: Fort Peck: Fort Belknap: Fort Hall:

12 How to get my IIM Ledger? Toll Free Enrollment Number Last 4 numbers of SS# Date of Birth Mailing Address

13 Trust Status Indian spouse & Eligible Heirs – retain trust status of money in account

14 Non-Indians Secretary of Interior distributes IIM monies to them

15 IIM Distribution Depends on Family Situation – Single – Married (no will)

16 Example 1: Single No spouse No children No grandchildren No great grandchildren –Parents are living

17 Mother 1/2 Single Person Father 1/2 Survivors: IIM to Parents equally

18 IIM: $5,000 Mother $2,500 Dad $2,500 Single Person

19 Mother ALL Single Person Father Survivor: One Parent

20 Mother $5,000 Single Person Father Survivor: IIM to One parent

21 Example 2: If no spouse, no children, no grandchildren, no great grandchildren or no parents –Brothers & sisters split IIM money

22 Single person passed away after Father & Mother 1/3 IIM equally to brothers & sisters FatherMother

23 Single person passed away after Father & Mother $1,000 IIM Account: $3,000 FatherMother

24 Example 3: Single Person No children Parents deceased Brothers & sisters Deceased & living (no will)

25 2 living, 2 deceased (IIM no will) Sisters passed away before brother

26 IIM Distribution

27 IIM Distribution

28 Example 4: Single – with children (no will)

29 Survivors : 3 kids Single Parent Passed Away Child

30 IIM passes in equal shares Parent Passed Away 1/3 (no will)

31 Example 5: Single person – 3 living children – 6 living grandchildren (no will)

32 Equal shares to children Parent 1/ Grandchildren (no will)

33 Example 6: IIM What if ? a person (with 1 child) passes away before parents? (no will)

34 Parent ? ? ? ?0?0 ? ???/ ? // Person passed away before parent Grandchildren (no will) IIM Distribution

35 Right of Representation Grandchildren receive the IIM share their parent would have received if he/she had lived (no will)

36 IIM: Children & Grandchild inherit Parent 1/ Child passed away before parent 0 Grandchildren (no will)

37 Example 7: What if ? A son with 1 child A daughter with 2 children passed away before parent? (no will)

38 Parent 1/3 1/6 1/3 000 Two children passed away before parent Grandchildren (no will) IIM Distribution

39 Example 8: What if ? A son with 1 child A daughter with 3 children passed away before parent? (no will)

40 IIM Distribution Grandchildren Child passed away before parent Child passed away before parent

41 Example 9: What if ? All children pass away before parents There are 6 living grandchildren

42 Survivors : Grandchildren All kids passed away before parent Grandchildren (no will)

43 Summary IIM Account Distribution – depends upon family situation for a single person (no will)

44 Family Situation Married person

45 Example 1: Married Survivors –Wife –No children (no will)

46 Wife All Husband IIM Account

47 Husband Wife $2,000 $2,000 IIM

48 Example 2: Married Survivors –Wife –3 Children (no will)

49 Wife Their Child Their Child Their Child Husband IIM Account

50 IIM Account- no will Surviving Spouse 1/3

51 IIM Account-no will Children split remaining 2/3

52 Wife 1/3 Their Child 2/9 Their Child 2/9 Their Child 2/9 Husband IIM Accounts Equally divide 2/3

53 Wife 1/3 $3,000 Their Child $2,000 Their Child $2,000 Their Child $2,000 Husband IIM $9,000 Equally divide 2/3 = $6,000

54 Example 3: Married Survivors –Wife –2 living children –1 deceased child with children

55 Wife 1/3 $3,000 Their Child $2,000 Their Child $2,000 Their Child $2,000 Husband $9,000 Equally divide 2/3 = $6,000 Grand Child $1,000 Grand Child $1,000 Grand Child 0

56 Summary Surviving Spouse –All if no children

57 Summary Surviving Spouse –1/3 Children –2/3

58 More Information Fact Sheet #13 What happens to your IIM money if you pass away without a will?

59 American Indian Probate Reform Act of 2004 (AIPRA)