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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (June 7, 2007)
Page 1 2 S p iiy a y T y r o o o F ree h elp to trib al m em bers fo r estate p lan n in g, w ill w ritin g T Z 11 T The _ T University o f f T Idaho Law School and the Institute for In dian Estate Planning and Pro bate have announced the place ment o f a Legal Extern on the Warm Springs Indian Reserva tion in Oregon to assist Indian land owners with estate planning and “Will” writing. T hese institu tio n s are partnering with the Confeder ated Tribes o f Warm Springs to provide this service at no cost to Warm Springs community members. Roberta Armstrong is a third year law student at the Univer sity o f Washington Law School. She and 10 other law students have been selected to serve as Legal Extems in various North west Indian communities during the summer o f 2007. They Will be providing legal assistance to Indian land Own ers who wish to document a set o f instructions explaining how they want their trust property and trust funds distributed af ter death. This set o f instruc tions is commonly known as a “Will”. A Will allows an individual to decide who will manage their funds and other property after death, and how it will be distrib uted. A Will may alsp include directions for the care o f mi nor and disabled children or other family members. A Will should provide instructions for all types o f property, trust and non-trust, real and personal. A W ill prevents forced sales o f your lands at Probate, except for the application o f the Warm Springs Inheritance Act. A com prehensive Will should minimize disputes among surviving rela tives after death. ! If- an Indian dies without a Valid Will, then federal, state and tribal laws will determine who receives the decedent’s property, the amount each will receive and whether a decedent’s trust prop erty will be subject to forced sale at Probate. New law Under a new federal law that went into effect after June 20, 2006, the American Indian Pro bate R efo rm A c t o f 2 0 0 4 (AIPRA), trust property o f an Indian who dies without a valid Will will be distributed accord ing to a new Federal Indian Pro 1_ _ ^ _ 1 _ * * ^ _ bate Code incorporated J into AIPRA. Such property will be divided into two categories: J« tionist at the I Family Resource Center* beginning June 7, 2007 to schedule an appointment. The Family Resource Center ■ i: 1. Trust land ownership in phone number is 553.3438. Individuals who schedule ap terests equal to 5% or greater wiU gp, to the following (in or pointments with the Legal Ex der): a) Legal spouse in a life tern shouldtibtain the following estate; b) The remainder to all information from the Bureau eligible children. The last sur o f Indian Affairs (BIA) Realty , viving child will take the full in Office (541.553.2419) prior to terest; c) I f no children, then the scheduled appointment: 1) the remainder goes to eligible A Report o f Individual Trust grandchildren; d) I f no grand Interests (ITI) that lists all trust children, the remainder goes to land ownership interests for that parents; e) I f the parents are individual; 2) A current IIM no longer alive, , the remainder account balance may be ob goes to siblings; f) I f there are tained from either the BIA or no siblings alive, the remainder the Office o f the Special Trustee goes to the tribe or federal gov (OST) IIM O ffice ernment. (541.5^3.240^). > 2. For trust land ownership No fee will be charged to interests less than 5% will go to members o f the Confederated the following (in order): a) Le- ( Tribes o f Warm Springs for this gal spouse in a life estate but only specialized WQ1, writing service. if the spouse lives on that par I f you have any additional ques cel o f land; b) The remainder tion s regarding this service; goes to the oldest living eligible please contact the Fiduciary child (the Single Heir Rule); c) Trust Officer for the Office o f I f no children survive, the re the Special Trustee, Mr. Charles mainder goes to the oldest liv V. Jackson, at 541.553.2409. J ing eligible grandchild; d) If no grandchildren survive, the remainder goes to the tribe or federal government. Preparing a Will is not very different than giving instructions to a tru sted relative fo r a person’s funeral arrangements. However, a valid Will is more comprehensive, must generally be in writing, properly witnessed and prepared in accordance with law. A ll 11 o f the Legal Externs have attended a comprehensive week long seminar at the Uni versity o f Idaho in Maj^ 2007 and receive specialized training in Will drafting and the federal probate process. Each Legal Extern will be supervised by a state-licensed attorney. Ms. Armstrong’s work will be super vised by an attorney from the Karnopp Peterson LLP firm in Bend, OR. Ms. Armstrong will maintain office and client service hours at the Family Resource Center (the Old IHS Clinic) at Warm Springs. She will provide ser vices at Warm Springs for ap proximately 11 weeks beginning the w eek o f Ju n e 1 1 , 20 0 7 through the w e e to f August 13, 2007. 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A w arded annually, the ¡society’s Conservation Officer ¡•pf the Year Award is bestowed ¡upon a Native American fish a ¡and wildlife member who exem- ¡plifies dedication and hard work ¡to the enforcement field. \ “The Fish and Wildlife Soci- ¡ety makes a point to recognize ¡tribal members who excel in th eir field ,” explained Ted ¡Lamebull, society board mem ber. “This award, which is only presented at the national level, ¡recognizes Mitch’s accomplish ments.” “He is truly a talented and ;very intelligent individual,” said ¡Chief John Johnson, captain o f ¡Columbia River Inter-Tribal ¡Fisheries E n forcem en t i (CRITFE) and Hick’s long-time ¡supervisor. “I f h e doesn’t know ¡something about a particular is- ¡sue, he educates himself thor oughly. 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As a member o f CRITFE’s team o f officers, he is respon sible fo r assigning river patrols to his officers, monitoring inves tigations, tracking the training needs o f his staff, offering ad vice. anid consultation on com plex cases, and maintaining in teragency communications. * All Products Prepared Fresh Daily i Entrees Roasted Daily f Featuring Hand Cut U $ D A Choice Steaks NCH B g INN i a ü l jBt All Major Credit Cards Accepted Senior Menu • Children's Menu • Oeilÿ Specials :f 237 S.W. 4 thStreet, Madras • 475-6632 1 w pm DAILY
