1. 1 American Indian Probate Reform Act of 2004 (AIPRA)

2. 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. 3 Purpose of AIPRA To Prevent Further Fractionation of Trust Lands. To Encourage Consolidation of Indian Land Ownership.

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

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

6. 6 14 Fact Sheets Highlight Describe Illustrate

7. 7 AIPRA distribution among eligible heirs: Depends on percentage of undivided interest owned by the person who passed away

8. 8 Do you own:  5% or more?  Less than 5%?

9. 9 Fact Sheet #4 Your Individual Trust Interest (ITI) Report: How to read it

10. 10 Where do I get my ITI Report? Local BIA Office  Realty Department  Fort Peck  406-768-5112

11. 11 Where do I get my ITI Report? BIA Regional Office  Rocky Mountain Region  Billings 406-247-7943

12. 12 Important fact on ITI Report: Amount of undivided interest owned in each parcel.

13. 13 ITI Report AGGREGATE DECIMAL Right side, lower middle Decimal –.0173611111 C

14. 14 Because AIPRA uses percent Convert Decimal to %.0173611111 =1.7% C

15. 15 Example: ITI Report.0173661111 = 1.7% Ft Peck.156250000 = 15.6% Ft Belknap.0078125000 = 0.8% Blackfeet.114583333 = 11.5% Ft Peck.0078125000 = 0.8% Standing R.0260416667 = 2.6% Ft Hall

16. 16 Use ITI Report to determine % of ownership 5% or more? Less than 5%?

17. 17 Fact Sheet #7  If your undivided interest in each allotment is: less than 5%  What Happens If You Pass Away Without Writing a Will?

18. 18 Single Heir Rule Undivided interest of less than 5%  passes to one person in following order…..

19. 19 Single Heir Rule First priority:  Oldest surviving eligible child (less than 5% & no will)

20. 20 If no surviving eligible child  Oldest surviving eligible grandchild Single Heir Rule (less than 5% & no will)

21. 21 Single Heir Rule If no surviving eligible grandchild  Oldest surviving eligible great- grandchild (less than 5% & no will)

22. 22 Single Heir Rule If no surviving eligible child, grandchild or great-grandchild  Tribe (less than 5% & no will)

23. 23 Single Heir Rule If tribe does not have jurisdiction  Equal shares to Co-owners (less than 5% & no will)

24. 24 Single person-- Never married Widowed Divorced Common Law (less than 5% & no will)

25. 25 Example 1: Person has no written will  No Spouse  No Children  No Grandchildren  No Great Grandchildren

26. 26 ITI Report .0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall (Each is less than 5%)

27. 27 Single Heir Rule Undivided interest of less than 5% passes to:  Tribe with jurisdiction (no will)

28. 28 Tribe Inherits .0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall (Each is less than 5%)

29. 29 Example 2: Single, no spouse Has living Children (less than 5% & no will)

30. 30 Children defined (AIPRA) Biological Legally adopted

31. 31 Child Age 19 Child Age 29 DAD Example 2: Dad passes Survivors: 2 kids (less than 5% & no will)

32. 32 Dad’s ITI Report . 0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall (Each is less than 5%)

33. 33 Single Heir Rule All interests pass to oldest surviving eligible child (less than 5% & no will)

34. 34 Child Age 19 Child Age 29 DAD Which child receives? (less than 5% & no will)

35. 35 Oldest Child – Age 29.017366111 = 1.7% Ft Peck.015625000 = 1.6% Ft Belknap.007812500 = 0.8% Blackfeet.011458333 = 1.1% Ft Peck.007812500 = 0.8% Standing.026041666 = 2.6% Ft Hall (Receives <5% interest on each reservation)

36. 36 Married--AIPRA Includes  Separated  Legal separation

37. 37 Example 3: Married Husband passes away Survivor: Wife  not living on a parcel  No Children (less than 5% & no will)

38. 38 Husband’s ITI Report . 0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall (Each is less than 5%)

39. 39 Single Heir Rule There is no surviving eligible:  child or  grandchild or  great-grandchild (less than 5% & no will)

40. 40 Example 3: Wife not on parcel (less than 5% & no will) All interests pass to Tribe. Spouse receives nothing.

41. 41 Passes to Tribe where interest is located . 0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall (Each is less than 5%)

42. 42 Example 4: Survivors:  Husband  Not living on the parcel  3 Children (less than 5% & no will)

43. 43 Husband Child Age 18 Child Age 22 Child Age 24 Wife Example 4: Ages of Children (less than 5% & no will)

44. 44 Mom’s ITI Report . 0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall (Each is less than 5%)

45. 45 Single Heir Rule Interests of less than 5%  pass to oldest surviving eligible child (no will)

46. 46 Husband 0 Child Age 18 0 Child Age 22 0 Child Age 24 All Wife Survivors: Husband & Children (less than 5% & no will)

47. 47 24 year old receives all . 0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall (Each is less than 5%)

48. 48 Family Example 5 Survivors  Wife living on one of the parcels  3 Children (less than 5% & no will)

49. 49 Spouse lives on parcel.017366111 = 1.7% Ft Peck.015625000 = 1.6% Ft Belknap.007812500 = 0.8% Blackfeet.011458333 = 1.1% Ft Peck.007812500 = 0.8% Standing.026041666 = 2.6% Ft Hall (less than 5% & no will)

50. 50 Spouse Lives on Fort Peck parcel Child Age 18 Child Age 22 Child Age 24 Husband Children & Spouse

51. 51 Exception: Single Heir Rule If spouse living on parcel:  He/she receives life estate on that parcel, including the family home (less than 5% & no will)

52. 52 Life Estate Allows life tenant to have possession of property during his/her lifetime –But not ownership of property (less than 5% & no will)

53. 53 Single Heir Rule: No will Oldest child receives :  Remainder interest  home  land  Receives parcels with interests of less than 5%.

54. 54 Remainderman Person entitled to property after the life tenant has passed away

55. 55 Oldest Child Spouse – life estate .017366111 = 1.7% Ft Peck.015625000 = 1.6% Ft Belknap.007812500 = 0.8% Blackfeet.011458333 = 1.1% Ft Peck.007812500 = 0.8% Standing.026041666 = 2.6% Ft Hall (less than 5% & no will)

56. 56 Wife Life Estate Husband Trust Land (less than 5%& no will) Child Age 18 0 Child Age 22 0 Child Age 24 parcels with less than 5%

57. 57 Wife Husband Spouse passes away (less than 5% & no will) Child 0 Oldest Child Age 24 Child 0

58. 58 Upon Mother’s passing oldest child receives: Remainder interest – 1.7% parcel Fort Peck Includes family home

59. 59 Oldest Child Receives remainder interest.017366111 = 1.7% Ft Peck.015625000 = 1.6% Ft Belknap.007812500 = 0.8% Blackfeet.011458333 = 1.1% Ft Peck.007812500 = 0.8% Standing.026041666 = 2.6% Ft Hall (less than 5% & no will)

60. 60 Summary: Less than 5% (no will) Single Heir Rule:  Less than 5% interests pass to oldest child.  Exception  spouse living on parcel receives life estate.

61. 61 More information: Fact Sheet #7  Your Undivided Interest of less than 5%:  What Happens If You Pass Away Without a Written Will ?

62. 62 American Indian Probate Reform Act of 2004 (AIPRA)