Page 4 - February 2013

Will Writing Classes Offered to Protect Your Property and Families Indian Wills and Estate Planning Services are now being offered to all Chehalis Tribal Members who are 18 years and older. This service is without cost to Chehalis Tribal members who currently do not have a Will. Please Call Christina Hicks at 360-709-1741 to set up an Employees were RED in support of Women’s Heart Health in the Gathering Room at the Community Center. appointment and get the paperwork needed to get started. What are Your Estate Planning Options? One of the main purposes of the Act is to preserve the trust status and reduce the number of small, fractionated into Indian Lands. The following chart is a brief overview of your estate planning options. Without a Will With a Will Trust Interest 5% or more - trust property goes to the eligible „ With a will the trust owner can decide who gets the land and IIM monies descendants and surviving spouse in order: „ If trust interest is passed to another Indian or eligible non-Indians (see Surviving spouse in a life estate, then to children equally or to below, the land stays in trust. grandchildren, great grandchildren. „ If none, than to parents. „ If non-IRA trust interest is left to a non-Indian, the land passes from trust „ If none, then to siblings. to fee status. The tribe will also have the right to purchase before fee transfer is complete in probate. „ If none of the above, land goes to Tribe „ IRA lands may not be given in a will in fee to anyone, the transfer will „ If no tribe, to co-owners or Secretary fail. IRA lands must remain in Trust or Restricted status under AIPRA and IRA (25 USC 226(b)(2)(B) and 25 USC 464). If Surviving Spouse, spouse receives life estate and „ Gets 1/3 of IIM account at date of death Stopping Purchases at Probate „ Gets all income produced by the trust interest during spouse’s life time Heirs give their consent to sell of one of the following applies: „ Interest to be received by heir is 5% or greater „ Other eligible heirs will get the remaining 2/3 of the IIM account at date of death. „ There is a valid Will. Trust interest less than 5% - goes to Descendants and surviving spouse „ Heirs to receive interest lives on the parcel at time of death. in this order: „ Heirs agree to voluntary consolidation agreement during the probate proceeding. Single heir rule - goes to one person as follows: „ Oldest surviving, eligible child, Who is eligible to inherit land in trust? „ Oldest surviving, eligible grandchild, Any one of the following: „ Oldest surviving, eligible great grandchild, or „ Member of an Indian Tribe. „ If none of the above, land goes to the Tribe. „ Eligible to become a member of a Tribe. „ Person who owns an interest in trust land on October 27, 2004 If surviving spouse is living on that parcel at the time of death, the spouse gets life estate in the parcel only (including the home) with „ Person who needs the defnition of Indian under the Indian remainder in oldest single heir above. Reorganization Act. „ In California, any person who owns an interest in trust or restricted land Ways to avoid Probate: in California. „ Gift deed to family members „ Descendant’s lineal descendents within 2 degrees of relationship to any „ Negotiated sale or land exchange Indian (Without a Will). „ Gift deed to co-owner or other Indian „ Any children, grandchildren or great grandchildren (lineal descendants of „ Sell land to the Tribe testator) who are given an interest in a Will even if non-Indian. „ Gift deed land to the Tribe „ A co-owner in same parcel. Institute for Indian Estate Planning and Probate 2006 www.indianwills.org Page 4 chehalistribe.org  greatwolfodge.com  luckyeagle.com  eagleslandinghotel.net