Model Tribal Probate Code: support needed
The Uniform Law Commission is developing a Model Tribal Probate Code, which will help address certain issues remaining for Indian probate even after the American Indian Probate Reform Act, such as:
1. Inheritance by children born out-of-wedlock
2. Rights of adoptees, including children adopted by relatives of natural parents
3. Definition of who is “spouse,” including by common law or customary marriages
4 Definition of “land” as being separate from buildings and improvements
5. Clarify the obligations of a surviving spouse with regard to management of a life estate interest
6. Provisions for family heirlooms that would exempt them from creditors and retain eligibility for government benefits
7. Ability to use an informal document to dispose of tangible personal property
8. Interpretation and construction of wills generally
9. Protection of spouse from disinheritance
10. Extend summary administration of small estates to interests in real property
These are important issues and we encourage tribes, their attorneys, and tribal members to support the project. Having a Model Code in place will provide a good starting point.
Of course, we advocate that tribes work with attorneys able accomodate cultural differences between each tribe, in order to incorporate tribally specific changes into the Model Act prior to a tribe adopting its own probate code.
Letters of support can be sent to:
Mr. Dale Higer
Chair, ULC Study Committee on Model Tribal Probate Legislation
Uniform Law Commission
111 N. Wabash Avenue, Suite 1010
Chicago, IL 60602