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.