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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. Fact Sheet #3How is Reservation Land Owned by individuals? • Trust Status? • Fee Status?

  8. AIPRA Regulates: • Trust Property • Unless the tribe has a probate code

  9. Trust Property • Trust Lands • Throughout the United States (except Alaska) • IIM Accounts • (Individual Indian Money = IIM)

  10. Fee Status • Land passes according to law of state where land is located.

  11. Montana • For fee land on our reservations: • Montana law applies if you pass away without a will.

  12. Personal Property • AIPRA does not affect: • Checking Accounts • Saving Accounts • Vehicles • State of residence or tribal probate laws apply

  13. Ownership • Solely owned • Tenants in Common • Joint Tenancy with right of survivorship

  14. More Information • Fact Sheet #3 • How is reservation land owned by individuals

  15. Fact Sheet #5 • Who is Eligible to Inherit Your Trust Land & Retain Trust Status?

  16. AIPRA Requirement • Interests must pass to: • Eligible heirstoretain trust status. • Who are eligible heirs?

  17. Eligible heirs(Defined under AIPRA) • Children • Grandchildren • Great grandchildren • Brothers & sisters • Half brothers & sisters by blood • Parents, AND…

  18. Eligible heirs must also be: • “Indian ”; or • Lineal descendants within 2 degrees of blood relationship of an “Indian”.

  19. Degrees of Relationship Chart Permission from: Attorney General of Texas, Greg Abbott

  20. Who is an “Indian”? • AIPRA defines “Indian” 5 ways • An individual only has to meet 1 definition.

  21. “Indian” - AIPRA • Member of a federally recognized Indian tribe.

  22. “Indian” - AIPRA • Eligible to become member of a federally recognized Indian tribe.

  23. “Indian” - AIPRA • Owner of trust or restricted land on or before October 27, 2004.

  24. “Indian” - AIPRA • Meets the definition of Indian under the Indian Reorganization Act of 1934 (IRA).

  25. “IRA definition” • Is enrolled in an IRA Tribe • Is an aggregate of ½ Indian blood • Is a descendent of an IRA tribal member who was living on a reservation in 1934

  26. “Indian” -AIPRA • Person of Indian ancestry who owns trust or restricted land in California.

  27. Summary: • Fact Sheet #5 describesEligible heirs : • Who can inherit trust lands & retain trust status

  28. AmericanIndian Probate Reform Act of 2004(AIPRA)

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