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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. You may call the recep-
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Fish and W ildlife Society honors
CRITFE sergeant as Officer o f the Year
, The Native American Fish
¡and Wildlife Society named Sgt
i Mitch Hicks, a patrol sergeant
¡with the Columbia River Inter-
Tribal Fisheries Enforcement, as
;the 2007 Conservation Officer
¡of the Year.
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. Anybody in the enforce
ment field wants troops just like
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Mitch Hicks
him ”
A member o f the Shoshone-
Bannock Tribe from the Fort
Hall Reservation, Hicks’ nomi
nation stems from his 14 years
o f devotion to the protection o f
tribal treaty fishing rights, the en
forcement o f fishing regulations
on the Columbia River and the
protection o f tribal fisheries.
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.
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