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American Indian Probate Reform Act of 2004 (AIPRA)

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

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American Indian Probate Reform Act of 2004 (AIPRA)

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  1. AmericanIndian Probate Reform Act of 2004(AIPRA)

  2. Floyd H. Azure IIMontana State University Extension Undergraduate Student AssistantMarsha A. GoettingMontana State University Extension Family Economics Specialist; Department of Agricultural Economics & Economics

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

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

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

  6. 14 Fact Sheets • Highlight • Describe • Illustrate

  7. Writing a Will • Fact Sheet #9

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

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

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

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

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

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

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

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

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

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

  18. AIPRA assumes joint tenancy

  19. Later one child passes away

  20. Second child passes away

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

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

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

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

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

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

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

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

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

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

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

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

  34. AmericanIndian Probate Reform Act of 2004(AIPRA)

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