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 Individual Indian Money Accounts

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

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

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

11. 11 OST Phone Numbers Blackfeet: 406-338-7518 Fort Peck: 406-768-3288 Fort Belknap: 406-353-2281 Fort Hall: 208-238-2310

12. 12 How to get my IIM Ledger? Toll Free 1-888-678-6836 Enrollment Number Last 4 numbers of SS# Date of Birth Mailing Address

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

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

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

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

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

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

19. 19 Mother ALL Single Person Father Survivor: One Parent

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

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

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

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

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

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

26. 26 IIM Distribution

27. 27 IIM Distribution

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

29. 29 Survivors : 3 kids Single Parent Passed Away Child

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

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

32. 32 Equal shares to children Parent 1/3 0 00 000 Grandchildren (no will)

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

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

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

36. 36 IIM: Children & Grandchild inherit Parent 1/3 00 00 Child passed away before parent 0 Grandchildren (no will)

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

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

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

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

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

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

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

44. 44 Family Situation Married person

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

46. 46 Wife All Husband IIM Account

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

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

49. 49 Wife Their Child Their Child Their Child Husband IIM Account

50. 50 IIM Account- no will Surviving Spouse 1/3

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

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

53. 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. 54 Example 3: Married Survivors –Wife –2 living children –1 deceased child with children

55. 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. 56 Summary Surviving Spouse –All if no children

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

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

59. 59 American Indian Probate Reform Act of 2004 (AIPRA)