1 American Indian Probate Reform Act of 2004 (AIPRA)

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 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 #3 How 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 heirs to retain 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 1. Member of a federally recognized Indian tribe.

22 “Indian” - AIPRA 2. Eligible to become member of a federally recognized Indian tribe.

23 “Indian” - AIPRA 3. Owner of trust or restricted land on or before October 27, 2004.

24 “Indian” - AIPRA 4. 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 5. Person of Indian ancestry who owns trust or restricted land in California.

27 Summary: Fact Sheet #5 describes Eligible heirs :  Who can inherit trust lands & retain trust status

28 American Indian Probate Reform Act of 2004 (AIPRA)