[WSBAPT] intestate heirs members of a Tribe - special requirements?

[Rob Wilson-Hoss]

If there is trust property, held by the United States in trust for an individual tribal member, then that will be administered by the BIA under the fairly new federal Indian Probate Act, the AIPRA of 2004. Some say that the process and results are more consistently reasonable and fair than they were 30 years ago. 

 

If it is not trust property then it is usually administered under the laws of the state. There are some strange areas of intersection: for example, I just had a Bureau probate court say that improvements to real property were not part of the trust real property, an amendment to the Act that I was not aware of. Usually, that won't matter as the results will be the same. This is all very specialized and you might want to check with an experienced Indian law person if you have questions. Also, there is a very good section at Seattle U Law School about estate planning and probates involving tribal members and especially trust lands, the Center for Indian Law and Policy Institute for Indian Estate Planning and Probate. Finally, some, a very few, Tribes have their own probate codes, but this will be more and more frequent in the future, I think.  Something else to check. 

 

And you can actually research Indian probate court decisions online now, which helps if you have particular issues. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Monday, February 20, 2017 11:43 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] intestate heirs members of a Tribe - special requirements?

 

I have found no information requiring anything different in notifying or otherwise dealing with heirs who are native american tribal members, but since some other areas of the law have special requirements for tribal members, thought I should double check…

 

Thanks, as always!

 

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com

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