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American Indian Probate Reform Act of 2004(AIPRA)
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Floyd H. Azure II Montana State University Extension Undergraduate
Student Assistant
Marsha A. GoettingMontana State University Extension Family Economics
Specialist; Department of Agricultural Economics & Economics
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Purpose of AIPRA
•To Prevent Further Fractionation of Trust Lands.
•To Encourage Consolidation of Indian Land Ownership.
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AIPRA: Probate Sections•Effective for persons who pass away on or after June 20, 2006
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AIPRA•State law no longer applies to Trust Property when a person passes away without a will.
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14 Fact Sheets • Highlight• Describe• Illustrate
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AIPRA distribution among eligible heirs:
• Depends on percentage of undivided interest owned by the person who passed away
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Do you own:
5% or more?Less than 5%?
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Fact Sheet #4•Your Individual Trust Interest (ITI) Report: How to read it
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Where do I get my ITI Report?•Local BIA OfficeRealty DepartmentFort Peck406-768-5112
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Where do I get my ITI Report?•BIA Regional Office
Rocky Mountain Region
Billings 406-247-7943
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Important fact on
ITI Report: • Amount of undivided interest owned in each parcel.
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ITI Report AGGREGATE DECIMAL
• Right side, lower middle
• Decimal– .0173611111
C
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Because AIPRA uses percent
Convert Decimal to %•.0173611111
=1.7%
C
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Example: ITI Report
• .0173661111 = 1.7% Ft Peck
• .156250000 = 15.6% Ft Belknap
• .0078125000 = 0.8% Blackfeet
• .114583333 = 11.5% Ft Peck
• .0078125000 = 0.8% Standing R
• .0260416667 = 2.6% Ft Hall
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Use ITI Report to determine % of ownership
•5% or more?•Less than 5%?
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Fact Sheet #7
If your undivided interest in each allotment is:
less than 5%What Happens If You
Pass Away Without Writing a Will?
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Single Heir Rule
•Undivided interest of less than 5%passes to one person in following order…..
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Single Heir Rule
• First priority: Oldest surviving eligible child
(less than 5% & no (less than 5% & no will)will)
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• If no surviving eligible child Oldest surviving eligible grandchild
Single Heir Rule(less than 5% & no (less than 5% & no will)will)
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Single Heir Rule
•If no surviving eligible grandchildOldest surviving eligible great- grandchild
(less than 5% & no (less than 5% & no will)will)
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Single Heir Rule
•If no surviving eligible child, grandchild or great-grandchild
Tribe
(less than 5% & no (less than 5% & no will)will)
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Single Heir Rule
•If tribe does not have jurisdiction
Equal shares to Co-owners
(less than 5% & no (less than 5% & no will)will)
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Single person--
•Never married•Widowed•Divorced•Common Law
(less than 5% & no will)(less than 5% & no will)
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Example 1:• Person has no written willNo SpouseNo ChildrenNo GrandchildrenNo Great Grandchildren
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ITI Report
.0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall
(Each is less than 5%)
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Single Heir Rule
•Undivided interest of less than 5% passes to:
Tribe with jurisdiction
(no will)(no will)
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Tribe Inherits
.0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall
(Each is less than 5%)
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Example 2: Single, no spouse
•Has living Children
(less than 5% & no will)(less than 5% & no will)
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Children defined
(AIPRA)•Biological•Legally adopted
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Child Age 19
ChildAge 29
DAD
Example 2: Dad passes Survivors: 2 kids
(less than 5% & no will)(less than 5% & no will)
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Dad’s ITI Report
.0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall
(Each is less than 5%)
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Single Heir Rule
•All interests pass to oldest surviving eligible child(less than 5% & no will)(less than 5% & no will)
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Child Age 19
ChildAge 29
DAD
Which child receives?
(less than 5% & (less than 5% & no will)no will)
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Oldest Child – Age 29
.017366111 = 1.7% Ft Peck
.015625000 = 1.6% Ft Belknap
.007812500 = 0.8% Blackfeet
.011458333 = 1.1% Ft Peck
.007812500 = 0.8% Standing
.026041666 = 2.6% Ft Hall
(Receives <5% interest on (Receives <5% interest on each reservation)each reservation)
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Married--AIPRA
• Includes Separated Legal separation
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Example 3: Married
•Husband passes away•Survivor:
•Wifenot living on a parcel
No Children
(less than 5% & no will)(less than 5% & no will)
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Husband’s ITI Report .0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall
(Each is less than 5%)
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Single Heir Rule
•There is no surviving eligible: child or grandchild or great-grandchild
(less than 5% & no will)(less than 5% & no will)
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Example 3: Wife not on parcel
(less than 5% & no will)(less than 5% & no will)
• All interests pass to Tribe.
•Spouse receives nothing.
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Passes to Tribe where interest is located .0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall
(Each is less than 5%)
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Example 4: •Survivors:
Husband Not living on the parcel
3 Children
(less than (less than 5% & no will)5% & no will)
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Husband
ChildAge 18
ChildAge 22
ChildAge 24
Wife
Example 4: Ages of Children
(less than 5% (less than 5% & no will)& no will)
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Mom’s ITI Report
.0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall
(Each is less than 5%)
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Single Heir Rule
•Interests of less than 5% pass to oldest surviving eligible child
(no will)(no will)
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Husband
0
ChildAge 18
0
ChildAge 22
0
ChildAge 24All
Wife
Survivors: Husband & Children
(less than 5% & no will)
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24 year old receives all .0173661111 = 1.7% Ft Peck .0156250000 = 1.6% Ft Belknap .0078125000 = 0.8% Blackfeet .0114583333 = 1.1% Ft Peck .0078125000 = 0.8% Standing R .0260416667 = 2.6% Ft Hall
(Each is less than 5%)
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Family Example 5
•Survivors Wife
•living on one of the parcels
3 Children
(less than 5% & no will)(less than 5% & no will)
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Spouse lives
on parcel .017366111 = 1.7% Ft Peck.015625000 = 1.6% Ft Belknap.007812500 = 0.8% Blackfeet.011458333 = 1.1% Ft Peck.007812500 = 0.8% Standing .026041666 = 2.6% Ft Hall
(less than 5% & no (less than 5% & no will)will)
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Spouse Lives on
Fort Peck parcel
ChildAge 18
ChildAge 22
ChildAge 24
Husband
Children & Spouse
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Exception: Single Heir Rule •If spouse living on parcel: He/she receives life estate on that parcel, including the family home
(less than 5% & no will)(less than 5% & no will)
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Life Estate
•Allows life tenant to have possession of property during his/her lifetime–But not ownership of property
(less than 5% & no will)(less than 5% & no will)
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Single Heir Rule: No will•Oldest child receives:Remainder interest
home land
Receives parcels with interests of less than 5%.
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Remainderman
•Person entitled to property after the life tenant has passed away
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Oldest ChildSpouse – life estate
.017366111 = 1.7% Ft Peck.015625000 = 1.6% Ft Belknap.007812500 = 0.8% Blackfeet.011458333 = 1.1% Ft Peck.007812500 = 0.8% Standing .026041666 = 2.6% Ft Hall
(less than 5% & no (less than 5% & no will)will)
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Wife Life Estate
Husband
Trust Land(less than 5%& no will)(less than 5%& no will)
ChildAge 18
0
ChildAge 22
0
ChildAge 24parcels with less than 5%
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WifeHusband
Spouse passes away(less than 5% & no will)(less than 5% & no will)
Child0
OldestChildAge 24
Child0
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Upon Mother’s passing oldest child receives:
• Remainder interest–1.7% parcel Fort Peck
•Includes family home
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Oldest Child Receives remainder interest
.017366111 = 1.7% Ft Peck
.015625000 = 1.6% Ft Belknap
.007812500 = 0.8% Blackfeet
.011458333 = 1.1% Ft Peck
.007812500 = 0.8% Standing
.026041666 = 2.6% Ft Hall
(less than 5% & no (less than 5% & no will)will)
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Summary: Less than 5% (no will)
•Single Heir Rule: Less than 5% interests pass to oldest child.
Exception spouse living on parcel receives life estate.
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More information:
•Fact Sheet #7Your Undivided Interest of less than 5%:
What Happens If You Pass Away Without a Written Will ?
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American Indian Probate Reform Act of 2004(AIPRA)
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