AIPRA Proposed Rule Presentation Materials

Yesterday, Friday February 5, 2021, the Department of Interior posted its 38-page presentation material providing an overview of the proposed rule to revise regulations governing Indian probates.

The complete list of proposed changes can be found here at www.FederalRegister.gov and the presentation material can be found at here.

Please review the materials to prepare for the upcoming tribal consultation session scheduled this Tuesday, February 9, 2021 and public session scheduled Thursday, February 11, 2021.

If you have any questions or comments, I can be reached at Roberta@IndianWillsOnWheels.org

Ms. Roberta Armstrong, Attorney
  • Ms. Roberta Armstrong, Attorney
  • Licensed Attorney - focused on Indian Estate Planning services and Educational Outreach.

2 Comments

  • I am requesting changes-if you own less than 5%, your an heir the deceased own an equal share as you on the same property that puts you over the 5% the tribe should not be able to that from you including the income.

    • If I understand you correctly, you are a co-owner of an allotment where the deceased person (who you also are an heir) owns less than 5% when they passed. If that is correct, AIPRA redefines HEIR for less than 5% as ELIGIBLE HEIR as only the oldest lineal descendant. No longer are collateral heirs included in less than 5% and only to siblings are they included for greater than 5%, essentially nieces and nephews are no cut off in favor of the Tribes inheriting.

      I hope I understand you comment correctly. Thank you!! Make sure to tune into the consultation today at 11 am PST.

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