Transcript of Informational Sessions
The Department of Interior held two sessions on the new proposed rules for the American Indian Probate Reform Act regulations: a Tribal Consultation Session on February 9 and a Public Session on February 11, 2021.
The 10 main topics discussed were:
Revisions to Regulatory Provisions on 10 Main Topics:
1. Trust funds for funeral services
2. Notice in formal probate proceedings
3. Partition
4. Presumption of death
5. Renunciations
6. Summary probate proceedings
7. Rehearings& Reopenings
8. Inventory corrections
9. Purchase at probate
10. Miscellaneous
The transcription of each of these sessions can be found on the Department’s Probate Regulatory Revisions website or by clicking here:
To know more about the injustice of the timing and method the Department is using in rolling out these new regulations, listen to the video on our Blog post: Elder’s Plea to Delay AIPRA Rulemaking during Pandemic.
These new rules will give Native Americans even less due process and protection for Indian landowners. It is vital that you be involved and learn what these new regulations mean for you and your future generations. The proposed changes and presentation materials can be found on our Blog page: AIPRA Proposed Rule Presentation Materials.
The complete list of proposed changes can be found here: www.FederalRegister.gov
It’s easy to submit your comment on the proposed changes directly to the Department by clicking here: FederalRegisterCommentPage. Let the Department know your involved, informed and sharing information they need to understand the impact of their proposed regulations.
We hope you Join the Discussion by signing up for our Blog newsletter at www.NativeProbate.org. Get Involved, Stay Informed, and Share Information.
For your FREE Indian Will, please visit our Blog page: Free Indian Wills Until March 8, 2021.
If you have any questions or comments, please contact Attorney Roberta Armstrong at Roberta@IndianWillsOnWheels.org
- Ms. Roberta Armstrong, Attorney
Licensed Attorney - focused on Indian Estate Planning services and Educational Outreach.
- Here we go again.... April 14, 2021
- Last Day... April 8, 2021
- Transcript of Informational Sessions February 27, 2021
- Introductions: Mari, Get Involved, Stay Informed, and Share Information February 16, 2021
- Elder's Plea to Delay AIPRA Rulemaking during Pandemic February 16, 2021
last year our Mother passed on, as I have come too learn there is land that we own. the concern is that it was hidden. reaching out with a higher up. then BIA. Great Plains advised there is land. when we decided to research . the Lady we spoke too was advised not to say anything. this really threw me. now as for the land it was allotted Indian Trust Land, all of it. and we are the heirs. so why would BIA say you dont own land, then ask have you recieved monies every three months. or any lease money. answer was no. then the lady was told not to say anything. lands are located in Ft. Peck and Ft Belnap also. and why would the Supt. work with Oil company to negocate. and as for Indian IDS I have three differant numbers. there is a land buy back taking place. but no inforamtion to me. so I hope that there will be an understanding of what We are going through.
Thank you for your comments and showing the challenges Indian landowners face in trying to understand their allotted land holdings. There are three (3) different agencies under the Department of Interior an Indian landowner (“allottee”) has to deal with. The BIA which I refer to as your real estate agent; the BTFA (formally known as OST), your banker; and OHA, your judge. These offices have to properly work together for the benefit of the allottee which doesn’t appear to be the case based on your comment. That’s why understanding these proposed AIPRA regulations is vital for allottees. I encourage you to sign up for our newsletter and we will continue to post helpful information. However, you should share your comment with the department on these regulations by the duedate by copy and paste this URL in your internet browser – https://www.regulations.gov/commenton/DOI-2019-0001-0004
I would also like too know why we were not notified of Probate hearings, mail went to bogus addresses. and sent back to hearing and appeals without us knowing.
Another big issue in Indian Country is the issue of “whereabouts unknowns”. The Department needs to be keep apprised of allottees’ current address. You and other family members may be on the WAU list. You can check the Department’s list at https://www.doi.gov/ost/wau.
If an allottee needs to update their address they may contact the Trust Beneficiary Call Center at 1-888-678-6838. More information about the call center can be found at https://www.doi.gov/ost/individual_beneficiaries/callcenter
Please submit your comment about your Indian Probate experience to the Department at https://www.regulations.gov/commenton/DOI-2019-0001-0004