1 Women in Agriculture Risk Management Education Conference Oklahoma City April 1 & 2, 2008

2 Planning for the Passing of Native American Lands to Avoid Further Fractionation

3 American Indian Probate Reform Act of 2004 (AIPRA)

4 Community Outreach and Assistance Partnership Program Risk Management Agency

5 Project Facilitators Marsha Goetting MSU Extension Family Economics Specialist Kristin Ruppel MSU Native American Studies Department Keri Hayes MSU Extension Publications Assistant

6 Blackfeet, MT Verna Billedeaux MSU Blackfeet Reservation Extension Agent Tamara Birdsbill Blackfeet MSU Extension Student Assistant

7 Fort Belknap, MT Don Addy MSU Fort Belknap Reservation Extension Agent Tony Little Owl Fort Belknap MSU Extension Student Assistant

8 Fort Peck, MT Carrie Sue Archdale Fort Peck Community College Floyd Azure II Fort Peck MSU Extension Student Assistant

9 Fort Hall, Idaho Marilyn Bischoff University of Idaho-Boise Center Extension Family Economics Specialist Danielle Gunn University of Idaho Fort Hall Extension Agent Carol Pabacaro Fort Hall Idaho State University Extension Student Assistant

10 Team Decision Fact sheets News articles Seminars & Workshops

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

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

13 Definition Fractionation  An increasing number of owners for a land parcel with each passing generation

14 Fractionation  6 generation family

15 1st Generation Original Allottee

16 1/3 2nd Generation Original Allottee 1/3

17 1/9 3rd Generation Original Allottee 1/3

18 4th Generation Original Allottee 1/3 1/9 1/36

19 5th Generation Original Allottee 1/3 1/9 1/36 1/144

20 6th Generation Original Allottee 1/3 1/9 1/36 1/144 ? ? ?

21 6th Generation Original Allottee 1/3 1/9 1/36 1/144 1/432

22 Fractionation by $$$$ Example  Lease Dollar Amounts

23 $1,002 Annual Income 1st Generation

24 $1,002 Annual Income $334 2nd Generation

25 $1,002 Annual Income $334 $ th Generation

26 $1,002 Annual Income $334 $ $ th Generation

27 $1,002 Annual Income $334 $ $27.83 $6.96 $ th Generation

28 $1,002 Annual Income $334 $ $27.83 $6.96 $27.83 $2.32 6th Generation

29 Montana For “fee” land on our reservations:  Montana law applies if you pass away without a will.

30 Personal Property AIPRA does not affect:  Checking Accounts  Saving Accounts  Vehicles State of residence or tribal probate laws apply

31 AIPRA distribution among eligible heirs: Depends on percentage of undivided interest owned by the person who passed away

32 Use I T I Report to determine % of ownership 5% or more? Less than 5%?

33 Example: ITI Report = 1.7% Ft Peck = 15.6% Ft Belknap = 0.8% Blackfeet = 11.5% Ft Peck = 0.8% Standing R = 2.6% Ft Hall

34 Single Heir Rule Undivided interest of less than 5%  passes to one person in following order…..

35 Single Heir Rule First priority:  Oldest surviving eligible child (less than 5% & no will)

36 Husband 0 Child Age 18 0 Child Age 22 0 Child Age 24 All Wife Survivors: Husband & Children (less than 5% & no will)

37 24 year old receives all  = 1.7% Ft Peck  = 1.6% Ft Belknap  = 0.8% Blackfeet  = 1.1% Ft Peck  = 0.8% Standing R  = 2.6% Ft Hall (Each is less than 5%)

38 Fact Sheet #6 Your Undivided Interest: 5% or more What Happens If You Pass Away Without a Written Will?

39 Mother 1/2 Single Person Passed Away Father 1/2 Parents inherit equally (5% or more, no will)

40 Single person passed away after Father & Mother 1/3 Equal Amounts to Sisters FatherMother (5% or more, no will)

41 Two Brothers Survive (5% or more & no will) Sisters passed away before brother

42 Equally to Living Brothers (5% or more & no will)

43 Property goes to Tribe (5% or more no will)

44 Child passed away before parent Grandchildren (5% & more, no will) What does grandchild receive, if any?

45 Grandchild inherits by right of representation Child passed away before parent Grandchildren (5% & more, no will)

46 Two children passed away before parent Grandchildren (5% & more, no will) Survivors: Child & Grandchildren

47 Two children passed away before parent Grandchildren (5% & more, no will) Survivors: Child & Grandchildren

48 Survivors: Child & Grandchildren Grandchildren (5% & more, no will)

49 Survivors: Child & Grandchildren Grandchildren (5% & more, no will)

50 Survivors: Grandchildren All children passed away before parent Grandchildren (5% & more, no will)

51 Who receives depends on % of ownership 5% or more? Less than 5%?

52 14 Fact Sheets Highlight Describe Illustrate

53 Newspaper Articles Fort Peck Journal Wotanin-Wowapi Fort Belknap News

54 Packets Distributed As a result of: –News articles 400 –Seminars 500

55 Evaluation Comment “ We have no access to a computer so appreciate the packets.”

56 CD PowerPoints Presentations by topics = 8 –5% or more –Less than 5% –Fractionation –ITI report –Writing a will

57 Web Site Fact sheets Newspaper articles PowerPoints edu/indianlands

58 Webtrends January 2008 –1,376 visits

59 Web Site Linked by Institute for Indian Estate Planning & Probate – Seattle School of Law

60 Web Site Linked by Indian Land Tenure Foundation

61 No Web Access Bureau of Indian Affairs Office of Special Trustee

62 Symposium Inheriting Indian Lands 75 participants  April 12 – 13, 2007

63 Symposium CD of speakers Available from

64 Planning for the Passing of Native American Lands to Avoid Further Fractionation