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Planning for the Passing of Native American Lands to Avoid Further Fractionation PowerPoint PPT Presentation


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Planning for the Passing of Native American Lands to Avoid Further Fractionation. Risk Management Agency. Community Outreach and Assistance Partnership Program. Marsha Goetting MSU Extension Family Economics Specialist Kristin Ruppel MSU Native American Studies Dept.

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Planning for the Passing of Native American Lands to Avoid Further Fractionation

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Planning for the Passing of Native American Lands to Avoid Further Fractionation


Risk Management Agency

Community Outreach and Assistance Partnership Program


Marsha GoettingMSU Extension Family Economics Specialist

Kristin RuppelMSU Native American Studies Dept.

James B. JohnsonMSU Emeritus Faculty

Keri Hayes

MSU Extension Publications Assistant

Project Facilitators


Verna BilledeauxMSU Blackfeet Reservation Extension Agent

Tamara BirdsbillBlackfeet MSU Extension Student Assistant

Blackfeet, MT


Don AddyMSU Fort Belknap Reservation Extension Agent

Tony Little OwlFort Belknap MSU Extension Student Assistant

Fort Belknap, MT


Carrie Sue ArchdaleFort Peck Community College

Floyd Azure IIFort Peck MSU Extension Student Assistant

Fort Peck, MT


Marilyn BischoffUniversity of Idaho-Boise Center

Extension Family Economics Specialist

Danielle GunnUniversity of Idaho Fort Hall Extension Agent

Carol PabacaroFort HallUniversity of Idaho Extension Student Assistant

Fort Hall, Idaho


Web site for PowerPoint slideswww.montana.edu/indianland


AmericanIndian Probate Reform Act of 2004(AIPRA)


AIPRA: Probate Sections

  • Effective for persons who pass away on or after June 20, 2006


AIPRA

  • State law no longer applies to Trust Property when a person passes away without a will.


14 Fact Sheets

  • Highlight

  • Describe

  • Illustrate


Definition

  • Fractionation

    • An increasing number of owners for a land parcel with each passing generation


Fractionation

  • 6 generation family


1stGeneration

Original

Allottee


2nd Generation

Original

Allottee

1/3

1/3

1/3


3rd Generation

Original

Allottee

1/3

1/3

1/3

1/9

1/9

1/9


4th Generation

Original

Allottee

1/3

1/3

1/3

1/9

1/9

1/9

1/36

1/36

1/36

1/36


5th Generation

Original

Allottee

1/3

1/3

1/3

1/9

1/9

1/9

1/36

1/36

1/36

1/36

1/144

1/144

1/144

1/144


6th Generation

Original

Allottee

1/3

1/3

1/3

1/9

1/9

1/9

1/36

1/36

1/36

1/36

1/144

1/144

1/144

1/144

?

?

?


6thGeneration

Original

Allottee

1/3

1/3

1/3

1/9

1/9

1/9

1/36

1/36

1/36

1/36

1/144

1/144

1/144

1/144

1/432

1/432

1/432


Fractionation by $$$$

  • Example

    • Lease Dollar Amounts


1st Generation

$1,002

Annual Income


2nd Generation

$1,002

Annual Income

$334

$334

$334


3th Generation

$1,002

Annual Income

$334

$334

$334

$111.33

$111.33

$111.33


4th Generation

$1,002

Annual Income

$334

$334

$334

$111.33

$111.33

$111.33

$27.83

$27.83

$27.83

$27.83


5th Generation

$1,002

Annual Income

$334

$334

$334

$111.33

$111.33

$111.33

$27.83

$27.83

$27.83

$27.83

$6.96

$6.96

$6.96

$6.96


6th Generation

$1,002

Annual Income

$334

$334

$334

$111.33

$111.33

$111.33

$27.83

$27.83

$27.83

$27.83

$6.96

$6.96

$6.96

$6.96

$2.32

$2.32

$2.32


Montana

  • For fee land on our reservations:

  • Montana law applies if you pass away without a will.


Personal Property

  • AIPRA does not affect:

    • Checking Accounts

    • Saving Accounts

    • Vehicles

  • State of residence or tribal probate laws apply


  • AIPRA distribution among eligible heirs:

    • Depends on percentage of undivided interest owned by the person who passed away


    Use ITI Report to determine % of ownership

    • 5% or more?

    • Less than 5%?


    .0173661111 = 1.7% Ft Peck

    .156250000 = 15.6% Ft Belknap

    .0078125000 = 0.8% Blackfeet

    .114583333 = 11.5% Ft Peck

    .0078125000 = 0.8% Standing R

    .0260416667 = 2.6% Ft Hall

    Example: ITI Report


    Single Heir Rule

    • Undivided interest of less than 5%

      • passes to one person in following order…..


    Single Heir Rule

    (less than 5% & no will)

    • First priority:

      • Oldest surviving eligible child


    Survivors: Husband & Children(less than 5% & no will)

    Husband

    0

    Wife

    Child

    Age 18

    0

    Child

    Age 22

    0

    Child

    Age 24

    All


    .0173661111 = 1.7% Ft Peck

    .0156250000 = 1.6% Ft Belknap

    .0078125000 = 0.8% Blackfeet

    .0114583333 = 1.1% Ft Peck

    .0078125000 = 0.8% Standing R

    .0260416667 = 2.6% Ft Hall

    (Each is less than 5%)

    24 year old receives all


    Fact Sheet #6

    • Your Undivided Interest:

      5% or more

    • What Happens If You Pass Away Without a Written Will?


    Parents inherit equally

    Mother

    1/2

    Father

    1/2

    Single

    Person

    Passed Away

    (5% or more, no will)


    Equal Amounts to Sisters

    Father

    Mother

    Single

    person passed

    away after

    Father & Mother

    1/3

    1/3

    1/3

    (5% or more, no will)


    Two Brothers Survive

    Sisters passed

    away before brother

    (5% or more & no will)


    Equally to Living Brothers

    (5% or more & no will)


    Living brother receives all

    (5% or more & no will)


    Nieces & Nephews

    Do NOT Inherit

    (5% or more no will)


    Child

    passed

    away

    before

    parent

    What does grandchild

    receive, if any?

    (5% & more, no will)

    Grandchildren


    Child

    passed

    away

    before

    parent

    Grandchild inherits by right of representation

    (5% & more, no will)

    Grandchildren


    Two

    children

    passed

    away

    before

    parent

    Survivors: Child & Grandchildren

    (5% & more, no will)

    Grandchildren


    Two

    children

    passed

    away

    before

    parent

    Survivors: Child & Grandchildren

    (5% & more, no will)

    Grandchildren


    Survivors: Child & Grandchildren

    (5% & more, no will)

    Grandchildren


    Survivors: Child & Grandchildren

    (5% & more, no will)

    Grandchildren


    Survivors: Grandchildren

    All

    children

    passed

    away

    before

    parent

    (5% & more, no will)

    Grandchildren


    IIM Accounts

    • Money earned from

      • Leases

      • Timber/Land Sales

      • Grazing

      • Mineral Royalty Payments


    Do I have an IIM account?

    • Office of the Special Trustee (OST) on each reservation

      • Ledger Report


    OST Phone Numbers

    Blackfeet: 406-338-7518

    Fort Peck: 406-768-3288

    Fort Belknap: 406-353-2281

    Fort Hall: 208-238-2310


    Survivors: Parents

    Father

    1/2

    Mother

    1/2

    Single

    Person


    IIM: $5,000

    Dad

    $2,500

    Mother

    $2,500

    Single

    Person


    Survivor: One parent

    Mother

    $5,000

    Father

    Single

    Person


    IIM equally to brothers & sisters

    Father

    Mother

    Single

    person passed

    away after

    Father & Mother

    1/3

    1/3

    1/3


    IIM Account: $3,000

    Father

    Mother

    Single

    person passed

    away after

    Father & Mother

    $1,000

    $1,000

    $1,000


    2 living, 2 deceased

    Sisters passed

    away before brother

    (no will)


    IIM Distribution


    IIM Distribution


    IIM Accounts

    Wife

    1/3

    Husband

    Equally divide 2/3

    Their

    Child

    2/9

    Their

    Child

    2/9

    Their

    Child

    2/9


    IIM $9,000

    Wife

    1/3

    $3,000

    Husband

    Equally divide 2/3 = $6,000

    Their

    Child

    $2,000

    Their

    Child

    $2,000

    Their

    Child

    $2,000


    Wife

    1/3

    $3,000

    Husband

    $9,000

    Equally divide 2/3 = $6,000

    Their

    Child

    $2,000

    Their

    Child

    $2,000

    Their

    Child

    $2,000

    Grand

    Child

    $1,000

    Grand

    Child

    $1,000

    Grand

    Child

    0


    Writing a Will

    • Fact Sheet #9


    Written Will

    • Pass undivided interests in trust lands and IIM money to whomever you choose


    Does a will have to be written?

    • YES!!!

      • Includes

        • Typed

        • Computer

        • Handwritten


    Does my will have to be witnessed?

    • Federal law--YES

    • Two witnesses

      • Neither “should” be a beneficiary in the will


    BIA Policy

    • Agency staff does not

      • write wills

      • store wills


    AmericanIndian Probate Reform Act of 2004(AIPRA)

    Updated 12/12/06


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