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How is your undivided interest of 5 percent or more distributed if you pass away
without writing a will?—Article 6
This article about the distribution of interests upon your passing is the sixth of 13 articles that explain major sections of the American Indian Probate Reform Act (AIPRA). AIPRA passes trust land to heirs under different rules depending on whether a personowns an undivided interest of 5 percent or more of an allotment or whether a person ownsan undivided interest of less than 5 percent of an allotment. This article focuses on the distribution among heirs if a personowned an undivided interest of 5 percent or more in an allotment and passed away without writing a will.
A person needs to examine his or her Individual Trust Interest (ITI) report to determine if the amount of ownership in an allotment is 5 percent of more. Consider as an example John, a single person,who discovered in his ITI report that heowned more than 5 percent in several allotments. Johnlater passed away and was survived by two brothers. Two sisters passed away before him. Each surviving brother inherited equally 1/2 of John’s undivided interests in trust lands. John’s deceased sister’s only daughter (his niece) did not inherit any of his undivided interests in trust land. John’s other deceased sister’s two sons (his nephews) also did not inherit any of his undivided interests.
John's Survivors
Consider another example where Henrietta, a single person, owned interests of more than 5 percent on several reservations. Henrietta had three children. Two children (a daughter and son) passed away before Henrietta. Henrietta’s deceased daughter had one child, her deceased son had three children, and her surviving son had two children.
When Henrietta passed away without a willthe child of her deceased daughter (Henrietta’s grandchild) received 1/3 of Henrietta’s undivided interests by right of representation (a legal term describing the right of the child to inherit what would have passed to his or her parents if that parent were living).
Henrietta’s surviving son receiveda 1/3 undivided interests. However, her two grandchildren from her surviving son did not inherit because their parent received the 1/3 share from Henrietta.
The three children of Henrietta's deceased son (Henrietta’s grandchildren) equally split 1/3, so each received 1/9 by right of representation.
Henrietta's Survivors
This was the sixth of 13 articles explaining a section of AIPRA. Further information on AIPRA is included in a packet of 14 Fact Sheets that is available without charge from (name and address of agent). Materials in these fact sheets were developed by the MontanaStateUniversity faculty, with funding from the Community Outreach and Assistance Partnership Program of the Risk Management Agency of USDA. Next week's article will explain howyour undivided interests of less than 5 percent are distributed if you pass away without writing a will.
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