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A Uniform Probate Code For Indian Country At Last, David M. English Mar 2006

A Uniform Probate Code For Indian Country At Last, David M. English

Faculty Publications

AIPRA makes major reforms to the Indian probate system. Federal law long provided that trust or restricted lands and IlM accounts owned by an Indian intestate are to be distributed to the heirs as determined under state law. AIPRA replaces this with one uniform intestacy scheme for the distribution of trust lands and IJIM accounts in lieu of the 30-plus state systems that now apply. AIPRA also fills out the federal law on wills, enacting numerous provisions on the interpretation of wills, most adapted from the Uniform Probate Code. In addition to providing Indian country with a uniform and more …


Issues Of Trust: Resolving Mismanagement Of The Indian Trust Fund - The Indian Money Account Claim Satisfaction Act Of 2003, Allison Cafer Jul 2004

Issues Of Trust: Resolving Mismanagement Of The Indian Trust Fund - The Indian Money Account Claim Satisfaction Act Of 2003, Allison Cafer

Journal of Dispute Resolution

Land has been held in trust by the United States government for Native Americans since Congress enacted the General Allotment Act of 1887. In recent decades the management of the trust accounts has been called into question by the Native American beneficiaries and has resulted in complex litigation. The government has acknowledged that there has been gross mismanagement of the trusts, to the extent that balances in many of the individual accounts are unknown. After lengthy litigation resulting in victory for the Native Americans, Senator Ben Nighthorse Campbell has introduced legislation that he claims will resolve the trust fund matter …