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American Indian Probate Reform Act of 2004 (AIPRA)

Learn about AIPRA regulations on trust lands, heirs eligibility, and the impact on Indian land ownership post-June 20, 2006. Explore key concepts through Fact Sheets provided by Montana State University Extension.

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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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