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

8. 8 Where do I get my ITI Report? Local BIA Office  Realty Department

9. 9 Where do I get my ITI Report? BIA Regional Office  Rocky Mountain Region  Billings 406-247-7943

10. 10 Important fact on ITI Report: Amount of undivided interest owned in each parcel.

11. 11 ITI Report AGGREGATE DECIMAL Right side, lower middle Decimal –.0173611111 C

12. 12 Because AIPRA uses percent Convert Decimal to %.0173611111 =1.7% C

13. 13 More information: Fact Sheet #7  Your Undivided Interest of less than 5%:  What Happens If You Pass Away Without a Written Will ?

14. 14 Fact Sheet #6 Your Undivided Interest: 5% or more What Happens If You Pass Away Without a Written Will?

15. 15 To find out how much interest you own: Check your Individual Trust Interest Report (ITI Report)

16. 16 Which are 5% or more??.0173661111 on Ft Peck.1056250000 on Ft Belknap.5078125000 on Blackfeet.0114583333 on Ft Peck.0878125000 on Standing R.0260416667 on Ft Hall

17. 17 ITI Report Ownership.0173661111 = 1.7% Ft Peck.1056250000 = 10.6% Ft Belknap.5078125000 = 50.8% Blackfeet.0114583333 = 1.1% Ft Peck.0878125000 = 8.8% Standing R.0260416667 = 2.6% Ft Hall (5% or more)

18. 18 AIPRA distribution depends on: Marital Status Descendants

19. 19 Family Situations :  Single  Married (5% & more, no will)

20. 20 Example 1: Single Person No Children Parents are Living (5% or more, no will)

21. 21 5% or more on ITI.0173661111 = 1.7% Ft Peck.1056250000 = 10.0% Ft Belknap.5078125000 = 50.0% Blackfeet.0114583333 = 1.1% Ft Peck.0878125000 = 8.0% Standing R.0260416667 = 2.6% Ft Hall

22. 22 Mother Single Person Passed Away Father Both parents alive (5% or more, no will)

23. 23 Mother 1/2 Single Person Passed Away Father 1/2 Parents inherit equally (5% or more, no will)

24. 24 Example 2: Single Person No children Mother is only living parent (5% or more, no will)

25. 25 ITI Report Ownership.0173661111 = 1.7% Ft Peck.1056250000 = 10.0% Ft Belknap.5078125000 = 50.0% Blackfeet.0114583333 = 1.1% Ft Peck.0878125000 = 8.0% Standing R.0260416667 = 2.6% Ft Hall (5% or more, no will)

26. 26 Mother Single Person Passed Away Father Deceased Mother is the Survivor (5% or more, no will)

27. 27 Mother ALL Single Person Passed Away Father Deceased Mother receives all (5% or more, no will)

28. 28 Example 3: Single Person No children Parents are deceased 3 living sisters (5% or more, no will)

29. 29 Single person passed away after Father & Mother Sis Survivors: 3 sisters FatherMother (5% or more, no will)

30. 30 Single Person If parents are deceased, undivided interest passes equally to: Brothers & Sisters (5% or more, no will)

31. 31 Single person passed away after Father & Mother 1/3 Equal Amounts to Sisters FatherMother (5% or more, no will)

32. 32 Example 4: Single Person No children Parents are deceased 2 sisters are deceased 2 brothers are living (5% or more, no will)

33. 33 Two Brothers Survive (5% or more & no will) Sisters passed away before brother

34. 34 Equally to Living Brothers (5% or more & no will)

35. 35 Example 5: Single Person No children Parents are deceased 2 sisters & 1 brother are deceased 1 brother is living (5% or more, no will)

36. 36 Living brother receives all (5% or more & no will)

37. 37 Example 6: Single Person No children Parents are deceased All sisters & brothers deceased (5% or more, no will)

38. 38 Nieces & Nephews Do NOT Inherit (5% or more no will)

39. 39 Distribution If no surviving eligible:  Parent, or  Brothers or Sisters Land passes to Tribe where interest in parcel is located (5% or more, no will)

40. 40 Example 7: Single  With Children (5% & more, no will)

41. 41 Survivors : 3 children (5% & more, no will)

42. 42 ITI Report Ownership.0173661111 = 1.7% Ft Peck.1056250000 = 10.0% Ft Belknap.5078125000 = 50.0% Blackfeet.0114583333 = 1.1% Ft Peck.0878125000 = 8.0% Standing R.0260416667 = 2.6% Ft Hall (5% or more, no will)

43. 43 Children Share Equally (5% & more, no will)

44. 44 Example 8: Single person:  3 living children  6 living grandchildren (5% & more, no will)

45. 45 Children Share Equally Grandchildren (5% & more, no will)

46. 46 Example 9: What if ? 1 deceased child with a child 2 living children with children (5% or more, no will)

47. 47 Child passed away before parent Grandchildren (5% & more, no will) What does grandchild receive, if any?

48. 48 Legal Term Grandchildren inherit by:  Right of Representation (5% & more, no will)

49. 49 Right of Representation Grandchildren receive the share their parent would have received if he/she had lived.

50. 50 Grandchild inherits by right of representation Child passed away before parent Grandchildren (5% & more, no will)

51. 51 Example 10: What if ?  a deceased son with 1 child  a deceased daughter with 2 children (5% or more, no will)

52. 52 Two children passed away before parent Grandchildren (5% & more, no will) Survivors: Child & Grandchildren

53. 53 Right of Representation Grandchildren receive the share their parent would have received if he/she had lived. (5% & more, no will)

54. 54 Two children passed away before parent Grandchildren (5% & more, no will) Survivors: Child & Grandchildren

55. 55 Example 11: What if?  a deceased son with 1 child  a deceased daughter with 3 children (5% or more, no will)

56. 56 Survivors: Child & Grandchildren Grandchildren (5% & more, no will)

57. 57 Right of Representation Grandchildren receive the share their parent would have received if he/she had lived. (5% & more, no will)

58. 58 Survivors: Child & Grandchildren Grandchildren (5% & more, no will)

59. 59 Example 12: What if? All children pass away before parents & grandchildren are living? (5% or more, no will)

60. 60 Survivors: Grandchildren All children passed away before parent Grandchildren (5% & more, no will)

61. 61 Example 13: What if? survivors are children, grandchildren & great grandchildren? (5% or more, no will)

62. Child passed away before parent John’s Grandchildren Child passed away before parent John’s Great-grandchild

63. 63 Family Situation Married person

64. 64 Example 1: Married No children Parents are alive (5% or more, no will)

65. 65 ITI Report Ownership.0173661111 = 1.7% Ft Peck.1056250000 = 10.0% Ft Belknap.5078125000 = 50.0% Blackfeet.0114583333 = 1.1% Ft Peck.0878125000 = 8.0% Standing R.0260416667 = 2.6% Ft Hall (5% or more, no will)

66. 66 Wife Has Priority Father Mother Husband Wife receives life estate (5% & more, no will)

67. 67 Husband has priority FatherMother Husband receives life estate Wife (5% & more, no will)

68. 68 Example 2: Married Husband passes away  Wife living  3 living children (5% or more, no will)

69. 69 Wife Their Child Their Child Their Child Husband Survivors (5% or more, no will)

70. 70 ITI Report Ownership.0173661111 = 1.7% Ft Peck.1056250000 = 10.0% Ft Belknap.5078125000 = 50.0% Blackfeet.0114583333 = 1.1% Ft Peck.0878125000 = 8.0% Standing R.0260416667 = 2.6% Ft Hall (5% or more, no will)

71. 71 Wife Life Estate Their Child Their Child Their Child Husband Wife – Life Estate Remainder Interest (5% or more, no will)

72. 72 Married – no will 5% or more interest Trust property passes to surviving spouse as a life estate without regard to waste.

73. 73 Legal Term Without regard to waste:  Life tenant can do anything to land while the he or she is alive.

74. 74 Life Estate for Surviving Spouse Any income from trust lands during his/her lifetime

75. 75 Life estate income Spouse receives  Lease  Royalties  Mineral income  Rent

76. 76 Passing of Spouse Property held in life estate passes to the remaindermen  Children

77. 77 Wife Life Estate IRA tribe Their Child Their Child Their Child Husband Trust Property (5% or more, no will) Remainder Interest

78. 78 Remainderman - children.1073661111.0056250000.5000000000.2324583333.1478125000.0090416667 AggregateDecimal Aggregate Decimal = 10.7 % = 0.6% = 50.0 % = 23.2 % = 14.7 % = 0.9 % Percent

79. 79 Remainder Interests Grandchildren (5% & more, no will)

80. 80 Legal Term Grandchildren inherit remainder interests by  Right of Representation (5% & more, no will)

81. 81 Remainder Interests Child passed away before parent Grandchildren (5% & more, no will)

82. 82 Remainder Interests Two children passed away before parent Grandchildren (5% & more, no will)

83. 83 Remainder Interests Grandchildren (5% & more, no will)

84. 84 Summary Retaining & receiving trust land depends on:  Eligible heirs  % interest owned  Family situation  Whether a will is written

85. 85 American Indian Probate Reform Act of 2004 (AIPRA)