Estate Planning Tools
designating the fate of your family home
The American Indian Probate Reform Act of 2004 (AIPRA), enacted on October 27, 2004, brought significant changes to the inheritance, management, and purchase of trust or restricted land and property owned by American Indians (AI). AIPRA does not apply to trust or restricted lands in Alaska or property owned by Indians not held as trust or restricted property.
Families have various options regarding the fate of their family home, provided they reach a consensus. It is advisable for homeowners to specify the home's heir in their will. For creating or modifying a will, consulting an attorney is recommended. Attorneys and legal aid organizations experienced in AIPRA and Indian trust or restricted property can assist with wills and legal advice. It's crucial to discuss your legal concerns with an attorney familiar with these matters.
If you wish to explore your options, such as the significance of drafting a will, making gifts, establishing life estates, or selling your property, please schedule an appointment with your local BIA Agency. For will-related matters, it's advisable to consult a lawyer or a legal aid society. Additionally, the Office of the Special Trustee for American Indians has established a dedicated toll-free helpline for Indian trust beneficiaries seeking assistance. To reach the Trust Beneficiary Call Center, dial 1-888-678-6836, extension 888.
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