Spilyay tymoo. (Warm Springs, Or.) 1976-current, May 17, 2023, Page 6, Image 6

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    Page 6
Spilyay Tymoo, Warm Springs, Oregon
From the Probate Department
by Valerie Squiemphen
Probate Administrator
Now that the initial Probate
matters are covered in the previ-
ous article, I’d like to go over what
happens when we get to the Final
Account.
The Final Account is where we
list all of the assets, the liabilities
and the heirs to the estate. We then
mail this information to all heirs
and their legal representative.
There are two categories of
Final Accounts: Those valued at
$3,500 or less (exempt estates);
and those valued more than $3,500
(non-exempt).
Non Exempt Estates
If there are objections to the
Final Account, we will schedule a
hearing five weeks out. If there
are no objections, we will forego
the hearing and proceed to paying
out any monies in the estate ac-
count and disbursement of other
assets.
Exempt Estates
A final account of all estate as-
sets totaling $3,500 or less will be
mailed to heirs and their legal rep-
resentative with a deadline to
lodge objections.
If no objection is received, the
heirs will receive a ‘receipt for
claims’ in order to receive their in-
heritance. Those estates that basi-
cally have no assets will simply be
opened, and then immediately
closed. Heirs would only be noti-
fied once we’ve determined that
there were no assets to probate.
Inheritance Check
Your mailing address must be
kept current at the Vital Statistics
Department. Our department uses
their database to do our mailings.
Too often we receive returned
mailings because an old address is
listed. As a result, we have many
hearing notices that did not reach
heirs, and expired inheritance
checks. Vital Statistics department
can be reached at 541-553-3252.
The tribal Probate Code reads
as follows:
320.045 Summary Probate of
Exempt Estates. 1) Exempt Es-
tates. An estate having an appraised
value which does not exceed $3,500
and which is to be inherited by a
surviving spouse and/or minor chil-
dren of the deceased shall be ex-
empt from the claims of all general
creditors and the probate thereof
may be summarily concluded as
provided in this section.
2) Notice of Hearing to Deter-
mine Whether the Estate is an Ex-
empt Estate. Upon petition of the
Administrator, the Court shall en-
ter an order stating that it appears,
from the inventory and appraisal
filed with the Court, that the ap-
praised value of the whole estate
does not exceed $3,500 and that
such estate is to be inherited by the
surviving spouse and/or minor chil-
dren of the decedent and shall set
a date and hour for hearing objec-
tions of any interested persons, if
any there be, why the whole estate
should not be declared to be exempt
from the claims of all general credi-
tors and distributed to the surviv-
ing spouse and/or minor children
of the decedent. Notice of such
hearing shall be given by posting a
true copy of such order in three
public places within the War m
Springs Indian Reservation and by
sending a true copy of such order
by certified mail to all persons
known to the Administrator to be
an heir, devisee or legatee of the
decedent. Such notice shall be
posted or mailed not less than ten
days before the time set for such
hearing. On or before the time set
for such hearing, the Administrator
shall file his affidavit with the Court
indicating compliance with this re-
quirement of giving notice.
3) Hearing to Deter mine
Whether the Estate is an Exempt
Estate. If, upon such hearing, the
Court finds that such estate is an
exempt estate, the Court shall enter
an order directing the Administra-
tor to distribute such estate to the
surviving spouse and/or the minor
children of the deceased as set forth
in the order and provide that no
further proceedings are necessary
and that, upon distributing the dis-
tributive share or shares of such
estate to those entitled thereto and
filing receipts therefor, the estate
shall be closed.
320.033: Effect of adoption.
For the purposes of intestate suc-
cession, the relationship between an
adopted person and his adoptive
parents, their descendants and kin-
dred shall be the same to all legal
intents and purposes as if the
adopted person had been born in
lawful wedlock to his adoptive par-
ents and his relationship with his
natural parent, their descendants
and kindred shall be the same to all
legal intents and purposes as if he
had not been born to his natural
parent. This is saying that if some-
one that was adopted out as a small
child, they would be considered chil-
dren of their adoptive parents and
would no longer be eligible to in-
herit from his natural parents.
320.010 Definitions: As used in
this book, except where the context
otherwise requires: 1) “Administra-
tor” means the person appointed by
the Court to administer the estate
of a decedent according to this
Code and may include either an
administrator nominated by the
decedent’s Will, appointed at the
request of an interested party, or
the public administrator.
2023 Summaries of Tribal Council
(from page 3)
April 5
. Letter to the Honorable U.S.
Sens. Jeff Merkley and Ron Wyden:
Motion by Jim approving the
Chairman to sign a support letter
for the nomination of U.S. Magis-
trate Judge Mustafa T. Kasubhai to
the United States District Court for
the District of Oregon. Second by
Wilson. Question: All in favor, 5/
0/0, Chairman not voting. Motion
carried.
. Public Utilities branch update
with Chico Holliday.
. Health and Human Services
update with Caroline Cruz and Taw
Foltz.
. Early Childhood Education
Center discussion.
April 10
The meeting was called to order
by Chairman Jonathan W. Smith Sr.
Roll call: James ‘Jim’ Manion, Lin-
coln Jay Suppah, Alvis Smith III,
Vice Chairman Raymond ‘Captain’
Moody, Rosa Graybael, Wilson
Wewa Jr., Carlos Calica, Chief Jo-
seph Moses. Minnie Yahtin, Re-
corder.
. Indian Head Casino and Pla-
teau Travel Plaza update with the
board and chief executive Shawn
McDaniels.
. Warm Springs Power and Wa-
ter update with director Cathy Ehli
and Mike Lofting.
. War m Springs Composite
Products update with Jake Coochise
and Scot Lowe.
. The Museum at Warm Springs
update with Elizabeth Woody,
Sunmiet Maben and Ruth Beymer.
. Telecom update with Tim York
and Daniel Martinez.
. Warm Springs Credit enter-
prise update with Lori Fuentes and
William Sam.
. Warm Springs Ventures update
with Jim Souers, Charles Jackson
and Isaac George.
. Motion to adjourn at 4:55 p.m.
April 11
The meeting was called to or-
der by Vice Chairman Raymond
‘Captain’ Moody. Roll call: James
‘Jim’ Manion, Chief Joseph Moses,
Vice Chairman Raymond ‘Captain’
Moody, Lincoln Jay Suppah, Carlos
Calica, Alvis Smith III. Minnie
Yahtin, Recorder.
. Warm Springs Housing update
with Danielle Wood and Rain
Circle.
. Warm Springs Timber Com-
pany, LLC update with Brian
Prater.
. High Lookee Lodge update
with Fay Hurtado.
. Recommendation all enter-
prises plan on a June report to the
tribal membership.
. Siletz letter discussion with
tribal attorneys: Executive session,
12:07-1:10 p.m.
Letter to Honorable Jeff
Merkley and Honorable Ron
Wyden supporting the Confeder-
ated Tribes of Siletz Indians draft
bill:
Motion by Carlos approving the
Chairman to sign the letter. Sec-
ond by Alvis. Question: Jim/yes,
Joe/yes, Jay/yes, Alvis/yes, Rosa/
yes, Carlos/yes, 6/0/0, Chairman
not voting. Motion carried.
Motion to adjourn at 1:17 p.m.
April 17
The meeting was called to or-
der by Chair man Jonathan W.
Smith Sr. Roll call: James ‘Jim’
Manion, Lincoln Jay Suppah, Vice
Chair man Raymond ‘Captain’
Moody, Alvis Smith III, Carlos
Calica, Rosa Graybael, Wilson
Wewa Jr., Chief Joseph Moses.
Minnie Yahtin, Recorder.
· Secretary-Treasurer update
with Robert Brunoe:
Motion by Captain appointing
Joe Moses, Carlos Calica, Alvis
Smith III, Robert Brunoe, and
Raymond Tsumpti to serve on the
Gaming Regulatory Selection Com-
mittee, terms ending when this
Tribal Council term ends. Second
by Wilson. Question: Jim/yes, Joe/
yes, Captain/yes, Jay/yes, Alvis/
yes, Wilson/yes, Rosa/yes, Carlos/
yes, 8/0/0, Chairman not voting.
Motion carried.
· May agenda:
Motion by Captain approving
the May agenda. Second by Jim.
Question: Jim/yes, Joe/yes, Cap-
tain/yes, Jay/yes, Alvis/yes, Wil-
son/yes, Rosa/yes, Carlos/yes, 8/
0/0, Chairman not voting. Motion
carried.
· Draft resolutions with the S-
T:
Pavilion projects of the Health
and Human Services branch, dis-
cussion with James Halliday, Land
Use:
· Motion by Alvis adopting
Resolution No. 13,043, with
amendments: That the Health and
Human Services branch be granted
a 25-year business lease in the
Warm Springs area on tribal land
(as described attached to resolu-
tion).
That the permitter waives any
fees to the tribes upon approval
of the lease, for the entire term
of the use. That the tribe reserves
the right to grant rights-of-way
over, under and across the used
premises, such a provisions to be
written into and made a part of
the lease permit terms. That ex-
cept as otherwise provided for in
the lease, the tribes reserve the right
to cancel the lease upon 30 days
written notice to permittee, in the
event that the used premises are
needed for tribal community de-
velopment or land exchange pur-
poses, or for such other substan-
tive reason cancellation may be
deemed necessary by the tribes,
such a provision to be written into
and made a part of the Lease. That
the Chairman or Vice-Chairman
and Secretary-Treasurer/CEO are
hereby authorized to execute the
May 17, 2023
2) “Decedent” means a person
who has died leaving property that
is subject to administration.
3) “Indian” means a member of
the Confederated Tribes of the
Warm Springs Reservation of Or-
egon, or any other person of In-
dian blood who is a member of a
federally recognized Indian tribe or
any other person on the Reserva-
tion who is recognized by the com-
munity as an Indian, including a
Canadian Indian and Alaska native.
4) “Intestate” means one who
dies without leaving a valid will, or
the circumstance of dying without
leaving a valid will effectively dis-
posing of all of his estate.
5) “Intestate succession” means
succession to property of a dece-
dent who dies intestate or partially
intestate.
6) “Issue”, when used to refer
to persons who take by intestate
succession, includes all lineal descen-
dants, except those who are the lin-
eal descendants of living descen-
dants. The ter m does include
adopted children and their issue.
7) “Personal property” means all
property other than real property.
8) “Public Administrator” shall
mean the official of the Confeder-
ated Tribes of the Warm Springs
Reservation of Oregon charged
with the responsibility of acting as
administrator for all estates where
appointment of some other admin-
istrator is not sought by an inter-
ested party.
9) “Real property” means all in-
terest in land or in buildings or im-
provements permanently attached
to land.
10) “Siblings” means brothers
and/or sisters.
11) “Take by representation”
means the principle upon which the
issue of a decedent takes or inher-
its the share of an estate which their
immediate ancestor would have
taken or inherited, if living.
12) “Testator” means a decedent
who dies leaving a valid will.
13) “Tribal Court” means the
Tribal Court of the Warm Springs
Reservation of Oregon.
14) “Tribes” means the Confed-
erated Tribes of the Warm Springs
Reservation of Oregon.
necessary documents for and on
behalf of the Tribes. Second by
Carlos. Question: Jim/yes, Joe/yes,
Captain/yes, Jay/yes, Alvis/yes,
Wilson/yes, Rosa/yes, Carlos/yes,
8/0/0, Chairman not voting. Mo-
tion carried.
· Warm Springs Rodeo Associa-
tion lease and name change with
James Halliday and Joel Florendo:
Motion by Alvis adopting Reso-
lution No. 13,044, with amend-
ments. Second by Jim. Question:
Jim/yes, Joe/yes, Captain/yes, Jay/
yes, Alvis/yes, Wilson/yes, Rosa/
yes, Carlos/yes, 8/0/0, Chairman
not voting. Motion carried.
· Enrollments and relinquish-
ments with Lucille Suppach-
Sampson, Vital Stats:
Motion by Captain adopting
Resolution No. 13,045, enrolling
four individuals. Second by Carlos.
Question: Jim/yes, Captain/yes,
Jay/yes, Alvis/yes, Rosa/yes,
Carlos/yes, 6/0/0, Chairman not
voting. Motion carried.
· Annual Health Report with
Caroline Cruz, Hyllis Dauphinais,
Dr. Stuki and Michael Collins.
Motion to adjourn at 4:25 p.m.
April 18
The meeting was called to or-
der by Chairman Jonathan W.
Smith Sr. Roll call: Lincoln Jay
Suppah, Vice Chairman Raymond
‘Captain’ Moody, Chief Joseph
Moses, Carlos Calica, Rosa
Graybael, Alvis Smith III. Minnie
Yahtin, Recorder.
. Celilo and detention center up-
date with Bryan Mercier and
Brenda Bremner.
. Tribal attorney update with
Brent Hall:
Executive Session, 10:30-11:45
a.m.
With no further discussion the
meeting adjourned at 12 noon.