Problem Statement: Since the passage of the Dawes Act of 1887, ownership of trust and restricted lands has divided into smaller and smaller undivided interest resulting when such lands descends to multiple heirs or devisees. In response to these highly fractionated land interests throughout Indian Country, Congress passed a new law to curtail continued fractionation of trust or restricted land ownership. On June 20, 2006, the new law, American Indian Probate Reform Act of 2004 (AIPRA), went into effect. Prior to the passage of this Act, transfer of trust lands were governed by the state law in which the trust or restricted land was located. This Act; however, replaces state intestacy laws when an American Indian dies without a will. In addition to the removal of state intestacy laws’ jurisdiction over trust or restricted lands, this Act also allows for some undivided land interests to be sold without the consent of the heirs.
Solution: SIRE’s mission is to provide American Indian Probate Reform Act (“AIPRA”) education and quality estate planning services to as many Native American Indian trust or restricted land owners as possible while educating lawyers providing estate planning to their Native American Indian clients of the effects of AIPRA. The mediation component will focus to produce land consolidation agreements with heirs who may be subject to the forced sell component of AIPRA. The mission is accomplished by providing AIPRA educational outreach and free Indian estate planning services.
SIRE attorneys travel and live on Reservation to provide community education presentations;
Website development by Freer Designs