American Indian Probate Reform Act

Because James Raymond Sauser’s Renunciation of interest in the Trust Land was untimely filed, the IBIA was correct to not consider it when rendering its decision. In order to be valid, the Renunciation needed to be filed with the ALJ prior to the issuance of his final order. In addition, the ALJ and IBIA reasonably interpreted the Decedent’s will and gave effect to its provisions. This Court finds that neither the ALJ nor the IBIA acted arbitrarily and capriciously as defined in the Administrative Procedure Act.

Registration for Next Week’s AIPRA CLE in Albuquerque

February 19, 2016Sarah M Donnelly

There is still time to register for the CLE on the American Indian Probate Reform Act next Tuesday, Feb. 23, 2016 in Albuquerque, New Mexico. This five-hour course will expose you to the principles, purposes, and implications of AIPRA with the last hour dedicated to the ethics of writing AIPRA-compliant wills.

Course instructors are:

Stephanie Hudson, Adjunct Clinical Professor for the Jodi Marquette American Indian Wills Clinic at Oklahoma City University School of Law
Gus Kerndt, Fiduciary Trust Officer with the Office of the Special Trustee for American Indians in the Department of the Interior
Christine Zuni Cruz, Dickason Professor of Law at the University of New Mexico

The session will be held in the Auditorium at the New Mexico State Bar, 5121 Masthead St. N.E., Albuquerque, NM 87109. The charge for attendance is $350 for attorneys receiving 5 CLE credits (pending). Admission is free for law students, and others may attend for a nominal contribution to the Indian Land Tenure Foundation. Lunch is provided.

Click here to register for the event.

University of Arizona’s 4th Annual Tribal Lands Conference Coming January 25-26

January 13, 2016Sarah M Donnelly

Final conference announcement here.

Previous coverage here.

This year’s conference is focused on the American Indian Probate Reform Act of 2004.

New Scholarship on American Indian Probate Reform Act

May 5, 2015Matthew L.M. Fletcher

David Armstrong has published “Estate Planning for American Indians: AIPRA for the General Practitioner” (PDF) in the Denver University Law Review Online.

An excerpt:

Indian law is sometimes viewed as niche practice area limited to those who work directly with tribes or those who work on or near a reservation. Despite this perception the general practitioner regardless of where they work should have passing familiarity with laws which affect tribal members who often reside outside of reservations. Two primary examples of this are the Indian Child Welfare Act and the American Indian Probate Reform Act (AIPRA). While the former is a subject worthy of an extended discussion this article will focus exclusively on AIPRA and related acts which effect the estate plans of American Indians wherever they live.