[WSBAPT] Probate for a Tribal Member of Seneca-Cayuga community

[Juhl, Hans P.]

Michael,

You also need to look at the American Indian Probate Reform Act of 2004 (AIPRA).

Hans P Juhl | Juhl at ryanlaw.com<mailto:Juhl at ryanlaw.com> | 206.654.2203

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Thursday, January 5, 2023 9:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate for a Tribal Member of Seneca-Cayuga community

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Michael,

My partner did some years ago and there are very specific "laws" that may effect distribution of an estate, particularly real property.  I did a quick search and see that there is an RCW 10.114.021 is entitled "death of member of recognized Indian Tribe".  I feel like the tribe will also have distribution laws that would trump WA RCW as Tribes are generally sovereign (like another country).

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
Sent: Wednesday, January 4, 2023 7:49 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate for a Tribal Member of Seneca-Cayuga community

Hello Fellow Practitioners,

I wanted to ask if anyone had an experience with probates were the decedent was a tribal member and if so were there any special requirements or processes to probate or administer the tribal member's affairs?   I've been approached to represent the PR for a probate where the decedent is a member of the Seneca-Cayuga community.  This is not a Washington based tribe/ community.

I want to make sure that I'm properly advising and assisting the PR.  I did not see any additional requirements or jurisdictional requirements for a probate when the decedent is a tribal member and it looks like the BIA will handle the conveyance of any ownership interest in tribal land.

I'm assuming that the probate will proceed as any probate would in Washington state - petition the Superior Court and present the will and get an order for letters testamentary.   Does anyone know if there are any different or special process required when the decedent is a tribal member?

Any input would be appreciated.

Kind regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
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