1 National Risk Management Education Conference Phoenix, AZ April 17 & 18, 2007

2 Planning for the Passing of Native American Lands to Avoid Further Fractionation

3 Community Outreach and Assistance Partnership Program Risk Management Agency

4 Project Facilitators Marsha Goetting MSU Extension Family Economics Specialist Kristin Ruppel MSU Native American Studies Department James B. Johnson MSU Emeritus Faculty Keri Hayes MSU Extension Publications Assistant

5 Blackfeet, MT Verna Billedeaux MSU Blackfeet Reservation Extension Agent Tamara Birdsbill Blackfeet MSU Extension Student Assistant

6 Fort Belknap, MT Don Addy MSU Fort Belknap Reservation Extension Agent Tony Little Owl Fort Belknap MSU Extension Student Assistant

7 Fort Peck, MT Carrie Sue Archdale Fort Peck Community College Floyd Azure II Fort Peck MSU Extension Student Assistant

8 Fort Hall, Idaho Marilyn Bischoff University of Idaho-Boise Center Extension Family Economics Specialist Danielle Gunn University of Idaho Fort Hall Extension Agent Carol Pabacaro Fort Hall University of Idaho Extension Student Assistant

9 American Indian Probate Reform Act of 2004 (AIPRA)

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

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

12 14 Fact Sheets Highlight Describe Illustrate

13 Definition Fractionation  An increasing number of owners for a land parcel with each passing generation

14 Fractionation  6 generation family

15 1st Generation Original Allottee

16 1/3 2nd Generation Original Allottee 1/3

17 1/9 3rd Generation Original Allottee 1/3

18 4th Generation Original Allottee 1/3 1/9 1/36

19 5th Generation Original Allottee 1/3 1/9 1/36 1/144

20 6th Generation Original Allottee 1/3 1/9 1/36 1/144 ? ? ?

21 6th Generation Original Allottee 1/3 1/9 1/36 1/144 1/432

22 Fractionation by $$$$ Example  Lease Dollar Amounts

23 $1,002 Annual Income 1st Generation

24 $1,002 Annual Income $334 2nd Generation

25 $1,002 Annual Income $334 $ th Generation

26 $1,002 Annual Income $334 $ $ th Generation

27 $1,002 Annual Income $334 $ $27.83 $6.96 $ th Generation

28 $1,002 Annual Income $334 $ $27.83 $6.96 $27.83 $2.32 6th Generation

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

30 Personal Property AIPRA does not affect:  Checking Accounts  Saving Accounts  Vehicles State of residence or tribal probate laws apply

31 AIPRA distribution among eligible heirs: Depends on percentage of undivided interest owned by the person who passed away

32 Use ITI Report to determine % of ownership 5% or more? Less than 5%?

33 Example: ITI Report = 1.7% Ft Peck = 15.6% Ft Belknap = 0.8% Blackfeet = 11.5% Ft Peck = 0.8% Standing R = 2.6% Ft Hall

34 Single Heir Rule Undivided interest of less than 5%  passes to one person in following order…..

35 Single Heir Rule First priority:  Oldest surviving eligible child (less than 5% & no will)

36 Husband 0 Child Age 18 0 Child Age 22 0 Child Age 24 All Wife Survivors: Husband & Children (less than 5% & no will)

37 24 year old receives all  = 1.7% Ft Peck  = 1.6% Ft Belknap  = 0.8% Blackfeet  = 1.1% Ft Peck  = 0.8% Standing R  = 2.6% Ft Hall (Each is less than 5%)

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

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

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

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

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

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

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

45 Grandchild inherits by right of representation Parent o 1/ Child passed away before parent Grandchildren (5% & more, no will)

46 Parent o ? o ?? ? ??? Two children passed away before parent Grandchildren (5% & more, no will) Survivors: Child & Grandchildren

47 Parent 1/3 o 1/6 1/3 000 Two children passed away before parent Grandchildren (5% & more, no will) Survivors: Child & Grandchildren

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

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

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

51 IIM Accounts Money earned from  Leases  Timber/Land Sales  Grazing  Mineral Royalty Payments

52 Do I have an IIM account? Office of the Special Trustee (OST) on each reservation Ledger Report

53 OST Phone Numbers Blackfeet: Fort Peck: Fort Belknap: Fort Hall:

54 Single person passed away after Father & Mother 1/3 IIM equally to brothers & sisters FatherMother

55 Single person passed away after Father & Mother $1,000 IIM Account: $3,000 FatherMother

56 2 living, 2 deceased (no will) Sisters passed away before brother

57 IIM Distribution

58 Wife 1/3 Their Child 2/9 Their Child 2/9 Their Child 2/9 Husband IIM Accounts Equally divide 2/3

59 Wife 1/3 $3,000 Their Child $2,000 Their Child $2,000 Their Child $2,000 Husband IIM $9,000 Equally divide 2/3 = $6,000

60 Wife 1/3 $3,000 Their Child $2,000 Their Child $2,000 Their Child $2,000 Husband $9,000 Equally divide 2/3 = $6,000 Grand Child $1,000 Grand Child $1,000 Grand Child 0

61 Writing a Will Fact Sheet #9

62 Written Will Pass undivided interests in trust lands and IIM money to whomever you choose

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

64 BIA Policy Agency staff does not write wills store wills

65 American Indian Probate Reform Act of 2004 (AIPRA)

66 14 Fact Sheets Highlight Describe Illustrate

67 CD PowerPoint 260 slides –Educator select section fact sheet

68 Packet extras Cover letter References Order form Acknowledgments

69 Next Stage Develop series of newspaper articles –Based on fact sheet content

70 Symposium Inheriting Indian Lands MSU –April 12 – 13, 2007

71 Planning for the Passing of Native American Lands to Avoid Further Fractionation