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TRIBAL ALERT! PLEASE POST and/or DISTRIBUTE The American Indian Probate Reform Act The American Indian Probate Reform Act (“AIPRA”) took effect on June 20, 2006. AIPRA is a federal law passed by Congress in 2004 as an attempt to reverse the severe consequences of “fractionation” (where allotments have so many owners of small interests that no one can effectively use the land). AIPRA dramatically changes the probate rules for how individual interests in land and Individual Indian Money Accounts (“IIMs”) can be passed on to one’s heirs when the individual passes on “intestate” (without a will) or with a will. AIPRA is a “Will-friendly” law and encourages Indians who have interests in trust property to have a Will. Under the AIPRA rules, if you do not have a will (passing by intestacy), your land may be given to your tribe or to the tribe where the allotment is located. In some cases, your land may be given to someone you would not want to have it. How AIPRA Will Affect You AIPRA allows and encourages Indian land owners to have a Will. Having a Will means that you can leave your trust property to whomever you want. AIPRA allows you to give your property to a “lineal descendant,” even if he or she is not a member of a federally recognized tribe. The new law also allows Indians who have trust property off-reservation in California (often called “public domain allotments”) and who are not members of a federally recognized tribe to leave their property in trust to an heir who also is not a member of a federally recognized tribe. These new provisions are major changes from the old law that would normally remove from trust any property given to an Indian person who is not a member of a federally recognized tribe. What You Should Do The new law is very complex and if you have trust property in the state of California or another state, CILS urges you to have a Will or to update your current Will. To receive additional copies of this alert, or if you have questions about AIPRA, please contact your local CILS office. |