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 Writing a Will Fact Sheet #9

8. 8 Written Will Pass undivided interests in trust lands and IIM money to whomever you choose

9. 9 At what age can I write a will? Age 18 & older

10. 10 Does a will have to be written? YES!!! – Includes Typed Computer Handwritten

11. 11 Does my will have to be witnessed? Federal law--YES Two witnesses – Neither “should” be a beneficiary in the will

12. 12 HOLOGRAPHIC WILL  Signature & provisions in handwriting of the will maker  2 witnesses

13. 13 BIA Policy Agency staff does not write wills store wills

14. 14 AIPRA Special Rule –if undivided interests are left to more than 1 person in a written will

15. 15 AIPRA presumption Heirs Inherit –Joint tenancy with right of survivorship

16. 16 JOINT TENANCY On passing of one –survivors take all

17. 17 Example 1: Mary wills her land to her 3 children equally

18. 18 AIPRA assumes joint tenancy

19. 19 Later one child passes away

20. 20 Second child passes away

21. 21 Where to keep your will? Safe Place – Montana Clerk of the District Court

22. 22 Changing will Can be changed during lifetime as long as you are competent

23. 23 Review Will Marriage Remarriage Divorce Birth of child Adoption of child Passing of heir

24. 24 Review Will (cont’d) Move to another reservation Acquire additional property

25. 25 Adopted Child Tribal Adoption Laws – treated as will maker’s child, not biological parents’ child

26. 26 Pretermitted Child (omitted) If not mentioned in will May be able to inherit same share that he/she would have received without a will

27. 27 Divorce Under AIPRA – Former spouse does not receive property mentioned in will

28. 28 Separation AIPRA –Separation is not equivalent to divorce –Still married if separated

29. 29 Self Proved Will Affidavit –Will maker & witnesses sign & acknowledge they were witnessing the signing of will before notary

30. 30 Self Proved Will Notary –Also signs & dates the will –Use his/her official seal on the will

31. 31 Residuary Clause Last clause – Person to receive any part that may be left after rest of will clauses are carried out

32. 32 Summary To Whom Residuary clause Date & will maker’s signature Signatures of 2 witnesses

33. 33 More Information Fact Sheet #9 Writing a Will

34. 34 American Indian Probate Reform Act of 2004 (AIPRA)