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November 08, 2022 Professors' Corner

Professors' Corner - Tribal Will: The Challenges and Importance of Estate Planning Under the American Indian Probate Act of 2004

Professors' Corner is a monthly webinar which features a panel of law professors, discussing recent cases or issues of interest to real estate or trust and estate practitioners and scholars. The Professor's Corner Webinar is sponsored by the Joint Legal Education and Uniform Laws Group of the ABA Section of Real Property, Trust and Estate Law

Joint Legal Education and Uniform Laws Group
Professors' Corner is a monthly webinar featuring a panel of law professors.

Professors' Corner is a monthly webinar featuring a panel of law professors.

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Description

Professors' Corner - Tribal Will: The Challenges and Importance of Estate Planning Under the American Indian Probate Act of 2004

Recorded on November 8, 2022

A discussion led by Panelists John Roach and Lucy Marsh (University of Denver). Moderated by Bradley Myers.

This program will focus on the unique challenges of writing a will for a Tribal member who owns interests in allotments. The American Indian Probate Act of 2004 (AIPRA) severely truncated the heirs if a Tribal member who is an allotment holder dies intestate. In many instances the heir is the Tribe, and not any family member. In other circumstances, the act leaves the allotment interests to the oldest child, grandchild, or great grandchild – or then to the Tribe. This often has severe negative consequences in the family dynamics of the survivors. A valid will can circumvent these harsh results. Many Tribal members are aware of these circumstances but have great difficulty in finding an attorney who is willing to draft a will. It will be a great public service to the Native American community, as well as a source of business, for a law firm to become familiar with AIPRA and learn to draft wills appropriate to allotment holders.

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This webinar will expire on December 2023
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