American Indian Probate Reform Act of 2004 AIPRA

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American Indian Probate Reform Act of
2004(AIPRA)
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Floyd H. Azure II Montana State University
Extension Undergraduate Student
AssistantMarsha A. GoettingMontana State
University Extension Family Economics
Specialist Department of Agricultural
Economics Economics
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Purpose of AIPRA

• To Prevent Further Fractionation of Trust Lands.
• To Encourage Consolidation of Indian Land
  Ownership.

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AIPRA Probate Sections

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

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AIPRA

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

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14 Fact Sheets

• Highlight
• Describe
• Illustrate

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Individual Indian Money Accounts
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Your (IIM) Account
What happens to your money if you pass away
without a will?

• Fact Sheet 13

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IIM Accounts

• Money earned from
• Leases
• Timber/Land Sales
• Grazing
• Mineral Royalty Payments

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Do I have an IIM account?

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

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OST Phone Numbers

• Blackfeet 406-338-7518
• Fort Peck 406-768-3288
• Fort Belknap 406-353-2281
• Fort Hall 208-238-2310

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How to get my IIM Ledger?

• Toll Free
• 1-888-678-6836
• Enrollment Number
• Last 4 numbers of SS
• Date of Birth
• Mailing Address

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Trust Status

• Indian spouse Eligible Heirs
• retain trust status of money in account

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Non-Indians

• Secretary of Interior distributes IIM monies to
  them

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IIM Distribution
(no will)

• Depends on Family Situation
• Single
• Married

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Example 1 Single

• No spouse
• No children
• No grandchildren
• No great grandchildren
• Parents are living

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Survivors IIM to Parents equally
Father 1/2
Mother 1/2
Single Person
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IIM 5,000
Dad 2,500
Mother 2,500
Single Person
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Survivor One Parent
Mother ALL
Father
Single Person
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Survivor IIM to One parent
Mother 5,000
Father
Single Person
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Example 2

• If no spouse, no children, no grandchildren, no
  great grandchildren or no parents
• Brothers sisters split IIM money

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IIM equally to brothers sisters
Father
Mother
Single person passed away after Father
Mother
1/3
1/3
1/3
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IIM Account 3,000
Father
Mother
Single person passed away after Father
Mother
1,000
1,000
1,000
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Example 3 Single Person
(no will)

• No children
• Parents deceased
• Brothers sisters
• Deceased living

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2 living, 2 deceased
Sisters passed away before brother
(IIM no will)
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IIM Distribution
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IIM Distribution
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Example 4
(no will)

• Single
• with children

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Survivors 3 kids
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IIM passes in equal shares
(no will)
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Example 5
(no will)

• Single person
• 3 living children
• 6 living grandchildren

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Equal shares to children
(no will)
Grandchildren
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Example 6 IIM

• What if ?
• a person (with 1 child) passes away before
  parents?

(no will)
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Person passed away before parent
IIM Distribution
(no will)
Grandchildren
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Right of Representation

• Grandchildren receive the IIM share their parent
  would have received if he/she had lived

(no will)
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IIM Children Grandchild inherit
Child passed away before parent
(no will)
0
Grandchildren
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Example 7

• What if ?
• A son with 1 child
• A daughter with 2 children passed away before
  parent?

(no will)
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Two children passed away before parent
IIM Distribution
(no will)
Grandchildren
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Example 8

• What if ?
• A son with 1 child
• A daughter with 3 children passed away before
  parent?

(no will)
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IIM Distribution
Child passed away before parent
Child passed away before parent
Grandchildren
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Example 9

• What if ?
• All children pass away before parents
• There are 6 living grandchildren

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Survivors Grandchildren
All kids passed away before parent
(no will)
Grandchildren
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Summary
(no will)

• IIM Account Distribution
• depends upon family situation for a single person

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Family Situation

• Married person

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Example 1 Married
(no will)

• Survivors
• Wife
• No children

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IIM Account
Wife All
Husband
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2,000 IIM
Wife 2,000
Husband
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Example 2 Married
(no will)

• Survivors
• Wife
• 3 Children

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IIM Account
Husband
Wife
Their Child
Their Child
Their Child
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IIM Account-no will

• Surviving Spouse
• 1/3

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IIM Account-no will

• Children split remaining
• 2/3

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IIM Accounts
Wife 1/3
Husband
Equally divide 2/3
Their Child 2/9
Their Child 2/9
Their Child 2/9
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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
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Example 3 Married

• Survivors
• Wife
• 2 living children
• 1 deceased child with children

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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
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Summary

• Surviving Spouse
• All if no children

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Summary

• Surviving Spouse
• 1/3
• Children
• 2/3

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More Information

• Fact Sheet 13

What happens to your IIM money if you pass away
without a will?
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American Indian Probate Reform Act of
2004(AIPRA)