AIPRAAmerican Indian Probate Reform Act of 2004
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McCain) (describing the AIPRA as "a very complex piece of legislation"); Diane K.
section] 2206(a)(5) (excluding a spouse's inherited life estate without regard to waste from general rule that inherited interests under AIPRA will pass in the same trust status that the decedent held the property in).
First, the Single Heir Rule under AIPRA represents a step backward in estate law.
Although primogeniture is in conflict with modern American views of inheritance, it is still the law applied to intestate individuals through AIPRA.
As a complex and lengthy piece of legislation, AIPRA is a formidable hurdle for many individuals.
While current implementation of AIPRA has focused on the provisions that improve the situation for the Indian tribes and the federal government through buyback programs, the individual approach, which was authorized by AIPRA, has been largely ignored.
168) Thorough and readily accessible information about the ills of fractionation will be of utmost importance, but in the end, AIPRA allows, through testamentary disposition, for land to become fractionated to a greater degree than would be possible through intestate succession.
Also, the estate planning approach may be hindered by the uncertain funding for AIPRA estate planning and education services.
The only major grant given to a non-profit organization as authorized by AIPRA (181) was given to the Indian Land Tenure Foundation in 2006.
187) First, it provided legal and technical training about AIPRA and land fractionation to lawyers, government officials, and tribal members.
Until recently, the reluctance to appropriate money on cost-saving estate planning services was hard to comprehend, but in a recent oversight hearing on AIPRA, a former high-ranking official in the Department of Interior conveyed,
Some of the latitude that is allowed in AIPRA for full implementation that actually empowers landowners was not met with full enthusiasm.