Spilyay Tymoo, Warm Springs, Oregon
November 25, 2015
Page 7
From the Office of the Special Trustee
Winning Artists at Museum
Avoiding invalid wills in Indian Country
The Seattle University
School of Law Institute for In-
dian Estate Planning and Pro-
bate focuses on wills and trusts
issues in Indian Country.
This the second part of an
article regarding the perils of
tribal members relying on ‘do-it-
yourself ’ wills.
The article, courtesy of the
Institute for Indian Estate
Planning and Probate, points
out potential problem areas, and
the benefits of valid wills and
trusts in Indian Country:
Courtesy photo.
The Twenty-Second Annual Tribal Member Art Exhibit is now on display at the
Museum at Warm Springs. Winning artists include Brigette McConville,
Shaylene Macy, Brutis Baez, Tamera Moody, John Howe and Edward Heath. The
museum is on winter hours, open Tuesday through Saturday, 9 a.m. - 5 p.m.
Shop locally on Small Business Saturday
Local business owners are
hoping residents will observe
Small Business Saturday,
coming up Nov. 28.
Small businesses have the
power to propel the local
economy and uplift the com-
munity. When our small busi-
nesses do well, our commu-
nity does well too.
You can do your part with
these simple steps:
· Commit to making at
least one purchase from a
locally-owned small business
retailer.
You can also dine small at
your local restaurant to usher
in the new tradition of sup-
porting local eateries too.
For more information,
check
out
sba.gov/
smallbusinesssaturday
Mistakenly devising
trust or restricted land by
revocable trust.
A revocable living trust is
a common tool used by es-
tate planning attorneys to
avoid probate when a person
dies. It also maintains client
privacy. However, this tool is
inappropriate to use for In-
dian trust land or restricted
property.
The reason is that Indian
trust land is already held in
trust by the government. As
trustee, the landowner has an
equitable, but not legal, inter-
est in the property.
Because of this bifurca-
tion of ownership, landown-
ers are restricted. They can-
not transfer the land to the
trust or use the land to fund
the trust. They also cannot
include the trust or restricted
real property in a testamen-
tary trust for a child under
18.
Unaware of all trust
property owned.
Some Indian landowners
are unaware of all trust prop-
erty they own. Thus, a closed
probate case may have to be
reopened years later.
To find out if they have
Indian trust land or restricted
property, people will need to
contact a fiduciary trust of-
ficer at the Department of
the Interior’s Office of Spe-
cial Trustee for American
Indians.
Failing to include a re-
siduary clause.
A residuary clause is a pro-
vision in a will that disposes
of property not covered by
other provisions, and is of-
ten overlooked by those who
choose to prepare a will on
their own.
A personal representa-
tive is not needed for trust
or restricted property.
An appointed personal
representative in a will man-
ages the estate process under
court supervision.
In selecting a personal rep-
resentative, you should con-
sider whether the person is
trustworthy, able and willing,
available, and lives near you.
Trust land can be
passed without a will.
Indians with simple es-
tates, with only trust land, or
who do not have immediate
access to legal services, have
the option to consolidate their
interests by a gift deed.
Will contests.
Do-it-yourself Indian wills
can be more susceptible to a
will contest than a profession-
ally drafted document, be-
cause no one has reviewed it
for accuracy and validity–or
even for proper signing.
One of the most popular
ways to contest a will is to al-
lege that the person who
signed it did not have the
minimum required legal ca-
pacity to make a will or was
subject to undue influence.
While this does not guar-
antee free sailing for a will,
avoiding do-it-yourself wills
certainly adds an extra layer
of protection to the process.
For more information con-
tact the Office of the Special
Trustee, 541-553-2409.
Warm Springs Community Counseling Relapse
Recovery - 3:30 to 5 p.m. on Thursdays.
Summary of Tribal Council
November 2, 2015
1. Roll Call: Chief Delvis
Heath, Chief Joseph Moses,
Chief Alfred Smith Jr., Chair-
man Eugene Greene Jr., Vice-
Chair Evaline Patt, Raymond
Tsumpti Sr., Reuben Henry,
Kahseuss Jackson, Scott
Moses, Orvie Danzuka, and
Carlos Smith. Recorder–
Alfredine Smith.
2. November 2015 Tribal
Council Business Agenda.
· Motion by Raymond to
approve purchase of gift for
Dennis Karnopp who is re-
tiring. Fifty years of service
to the Confederated Tribes
of Warm Springs. Second by
Delvis. Question; Joseph/yes,
Carlos/no, Kahseuss/yes,
Scott/yes, Reuben/yes,
Delvis/yes, Alfred/yes,
Orvie/yes, Raymond/yes; 8
yes, 1 no, 0 abstain, Vice-
Chair not voting; Motion Car-
ried.
· Motion by Joseph to ap-
prove November 2015 Tribal
Council Agenda. Subject to
change. Second by Reuben.
Question;
Joseph/yes,
Carlos/yes, Kahseuss/yes,
Scott/yes, Reuben/yes,
Delvis/yes, Alfred/yes,
Orvie/yes, Raymond/yes; 9
yes, 0 no, 0 abstain, Vice-
Chair not voting; Motion Car-
ried.
· Motion by Carlos to hold
General Council Meeting re-
garding 2016 Proposed Bud-
get, Thursday, November 12,
2015; Second by Scott.
Question;
Joseph/yes,
Evaline/yes, Carlos/yes,
Kahseuss/yes, Scott/yes,
Reuben/yes, Delvis/yes,
Alfred/yes, Or vie/yes,
Raymond/yes; 10 yes, 0 no,
0 abstain, Chair not voting;
Motion Carried.
· The Proposed 2016 Fi-
nalized Budget will be in-
cluded in the Secretary-Trea-
surer Update on November
16, 2015 at 9:00 AM.
3. Warm Springs Forest
Products Industries Fire Sal-
vage Resolution.
· Motion by Raymond to
adopt Resolution No. 12066
authorizing Warm Springs
Forest Products Industries to
take necessary action to har-
vest fire salvage material for
processing. Harvested timber
will be counted against the re-
maining annual allowable cut
for 2015. Second by Reuben.
Question;
Joseph/yes,
Carlos/yes, Kahseuss/yes,
Scott/yes, Reuben/yes,
Delvis/yes, Alfred/yes,
Orvie/yes, Raymond/yes; 9
yes, 0 no, 0 abstain, Vice-
Chair not voting; Motion Car-
ried.
4. November 2015 Travel
Delegations.
· Motion by Joseph to ap-
prove November 2015 Tribal
Council Travel Delegations.
Second by Reuben. Question;
Joseph/yes, Evaline/yes,
Carlos/yes, Kahseuss/yes,
Scott/yes, Reuben/yes,
Delvis/yes, Alfred/out of
room, Orvie/yes, Raymond/
yes. 9 yes, 0 no, 1 out of
room, Chair not voting; Mo-
tion Carried.
5. Boards, Committees, Ad
hoc for Judges and Commis-
sioners.
· One Class II Tribal Mem-
ber Position Board of Direc-
tors of Ventures. Motion by
Scott to adopt Resolution No.
12067 appointing Charles V.
Jackson to the Board of Di-
rectors of Ventures. Second
by Reuben. Question; Jo-
seph/yes, Evaline/yes,
Carlos/yes, Kahseuss/yes,
Scott/yes, Reuben/yes,
Delvis/yes, Alfred/yes,
Orvie/yes, Raymond/yes.
Ten yes, 0 no, 0 abstain,
Chair not voting; Motion Car-
ried.
· Motion by Kahseuss to
adopt Resolution No. 12068
appointing
Magdaleno
“Chico” Holliday to the Wa-
ter Control Board. Second by
Reuben; Question; Joseph/
yes, Evaline/yes, Carlos/yes,
Kahseuss/yes, Scott/yes,
Reuben/yes, Delvis/yes,
Alfred/yes, Or vie/yes,
Raymond/yes. 10 yes, 0 no,
0 abstain, Chair not voting;
Motion Carried.
· Credit Board, Adhoc for
Judges and Commissioners
discussed.
6. Nathan Estate issue.
· Motion by Carlos to
table Nathan Estate Resolu-
tion; Second by Joseph. Ques-
tion; Joseph/yes, Evaline/
yes, Carlos/yes, Kahseuss/
yes, Scott/yes, Reuben/yes,
Delvis/yes, Alfred/out of
room, Orvie/yes, Raymond/
yes. 9 yes, 0 no, 1 out of
room. Chair not voting; Mo-
tion Carried.
7. 2016 Budget
· Secretary-Treasurer pre-
sented Contingency Plan to
the 2016 Proposed Tribal
Budget which reflects the
anticipated shortfall from
Warm Springs Power Enter-
prise dividend.
8. No other items on
agenda. Meeting adjourned
5:06 PM.
TERO, Casino & Resort, Credit board vacancies
TERO board
There are five positions
open on the Warm Springs
Tribal Employment Rights
Office Commission - Warm
Springs Ventures Economic
Development Corp. The po-
sitions will be filled by Tribal
Council appointment.
Some of the duties in-
clude:
1. Review contractor ap-
plications to certify that ap-
plicant is eligible for inclusion
in Indian Owned business
directory.
2. Certify on-the-job train-
ing hours as recorded by of-
fice staff for tribal appren-
ticeship programs.
3. The commission may
conduct on-site visits if such
visits are a part of their in-
vestigation for the decision
making process for appeals.
4. Develop procedures
necessary to implement the
provisions of this code that
are consistent with this code.
5. Conduct an annual re-
view of the code.
The Commission will hold
regular monthly meetings.
Times and procedures for
hearings will be set as neces-
sary, when an appeal is filed
on a sanction or decision of
the Program Manager.
The commission will be
afforded annual training on
hearing procedures and deci-
sion making techniques.
Letters of interest and
Resumes’ of applicants inter-
ested in serving on the TERO
Commission, submit to the
following address no later
than noon on December 13,
2015:
Glendon Smith, S/T-CEO
P.O. Box 455
Warm Springs, OR 97761
Or email:
lynn.davis@wstribes.org
Fax: 541-553-2236
Authorization letter will be
mailed to all applicants for a
criminal and credit back-
ground check to be com-
pleted & returned to the S/
T’s office. Information will
be submitted confidentially
to the S/T
WSCRI Board
There are three positions
open on the Warm Springs
Casino and Resort Enterprise
Board of Directors. The po-
sitions are:
One non-member, Class 1
term expiring 12/31/16.
One non-member and one
tribal member - Class III
terms expiring 12/31/18.
The business and affairs
of Warm Springs Casino and
Resort Enterprise is managed
and controlled by a Board of
Directors.
Regular meetings of the
Board of Directors are held
not less often than quarterly
for the purpose of reviewing
the preceding three months’
operations, making plans for
the ensuing three months’
operations, and the transac-
tion of such other business
as may come before the
meeting.
Letters of Interest and
Resumes’ of applicants inter-
ested in serving on the Board
of Director, submit to the
following address by no later
than December 13, 2015:
Glendon N. Smith, Secre-
tary-Treasurer/CEO
P.O. Box 455
Warm Springs, OR 97761
Authorization letter will be
mailed to all applicants for a
criminal and credit back-
ground check to be com-
pleted returned to Secretary-
Treasurer’s office. Informa-
tion will be submitted confi-
dentially to the Secretary-
Treasurer.
Credit board
There is a vacancy on the
tribal Credit enterprise board
of directors - non-member
Class II.
Members of the Board of
Directors must have a repu-
tation for industry, depend-
ability, honesty, and integrity.
It shall be an initial and con-
tinuing qualification for mem-
bers of the Board of Direc-
tors that they have no loan
with the Tribes that is in a de-
linquent status.
General Powers. The busi-
ness and affairs of The En-
terprise shall be managed and
controlled by the Board of
Directors.
Regular Meetings. Regu-
lar meetings of the Board of
Directors shall be held quar-
terly for the purpose of re-
viewing the preceding three
months’ operations, making
plans for the ensuing three
months’ operations, and the
transaction of such other
business as may come before
this meeting.
Letters of Interest and
Resumes’ of applicants inter-
ested in serving on the Board
of Director, submit to the
following address by no later
than December 13, 2015:
Glendon Smith, Secretary-
Treasurer/CEO
P.O. Box 455
Warm Springs, OR 97761
Authorization letter will be
mailed to all applicants for a
criminal and credit back-
ground check to be com-
pleted returned to Secretary-
Treasurer’s office. Informa-
tion will be submitted confi-
dentially to the Secretary-
Treasurer.