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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. Individual Indian Money Accounts

  8. Your (IIM) Account What happens to your money if you pass away without a will? • Fact Sheet #13

  9. IIM Accounts • Money earned from • Leases • Timber/Land Sales • Grazing • Mineral Royalty Payments

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

  11. OST Phone Numbers Blackfeet: 406-338-7518 Fort Peck: 406-768-3288 Fort Belknap: 406-353-2281 Fort Hall: 208-238-2310

  12. How to get my IIM Ledger? • Toll Free 1-888-678-6836 • Enrollment Number • Last 4 numbers of SS# • Date of Birth • Mailing Address

  13. Trust Status • Indian spouse & Eligible Heirs • retain trust status of money in account

  14. Non-Indians • Secretary of Interior distributes IIM monies to them

  15. IIM Distribution (no will) • Depends on Family Situation • Single • Married

  16. Example 1: Single • No spouse • No children • No grandchildren • No great grandchildren • Parents are living

  17. Survivors: IIM to Parents equally Father 1/2 Mother 1/2 Single Person

  18. IIM: $5,000 Dad $2,500 Mother $2,500 Single Person

  19. Survivor: One Parent Mother ALL Father Single Person

  20. Survivor: IIM to One parent Mother $5,000 Father Single Person

  21. Example 2: • If no spouse, no children, no grandchildren, no great grandchildren or no parents • Brothers & sisters split IIM money

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

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

  24. Example 3: Single Person (no will) • No children • Parents deceased • Brothers & sisters • Deceased & living

  25. 2 living, 2 deceased Sisters passed away before brother (IIM no will)

  26. IIM Distribution

  27. IIM Distribution

  28. Example 4: (no will) • Single • with children

  29. Survivors : 3 kids

  30. IIM passes in equal shares (no will)

  31. Example 5: (no will) • Single person • 3 living children • 6 living grandchildren

  32. Equal shares to children (no will) Grandchildren

  33. Example 6: IIM • What if ? • a person (with 1 child) passes away before parents? (no will)

  34. Person passed away before parent IIM Distribution (no will) Grandchildren

  35. Right of Representation • Grandchildren receive the IIM share their parent would have received if he/she had lived (no will)

  36. Child passed away before parent IIM: Children & Grandchild inherit (no will) 0 Grandchildren

  37. Example 7: • What if ? • A son with 1 child • A daughter with 2 children passed away before parent? (no will)

  38. Two children passed away before parent IIM Distribution (no will) Grandchildren

  39. Example 8: • What if ? • A son with 1 child • A daughter with 3 children passed away before parent? (no will)

  40. IIM Distribution Child passed away before parent Child passed away before parent Grandchildren

  41. Example 9: • What if ? • All children pass away before parents • There are 6 living grandchildren

  42. Survivors : Grandchildren All kids passed away before parent (no will) Grandchildren

  43. Summary (no will) • IIM Account Distribution • depends upon family situation for a single person

  44. Family Situation • Married person

  45. Example 1: Married (no will) • Survivors • Wife • No children

  46. IIM Account Wife All Husband

  47. $2,000 IIM Wife $2,000 Husband

  48. Example 2: Married (no will) • Survivors • Wife • 3 Children

  49. IIM Account Husband Wife Their Child Their Child Their Child

  50. IIM Account-no will • Surviving Spouse • 1/3

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