Class Synopsis

 

Will Drafting and Estate Planning

 

COURSE OBJECTIVE : To enhance the ability of Federal and Tribal employees to administer the Trust/Restricted estates of members of federally-acknowledged               Indian tribes, with specific emphasis on "Estate Planning and Will Drafting."

I. Real Property Ownership

        a. Federal

        b. State

        c. Tribal

        d. Fee - Owned by Indian or Non-Indian

        e. Restricted/allotted

II. Real Property Use

        a. As an owner

        b. As Licensee/Permittee (rent

        c. Unlawfully - Trespass

III. Real Property Transfer

        a. By Deed

        b. By Contract: Lease, Permit, License

        c. By Operation of Law (Taking by eminent domain)

        d. By Death of Owner

            1. By will or trust created by Owner, including use of joint tenancy in prior grant

            2. By inheritance law of Federal, State or Tribe

Review of Glossary of Terms for Estate Planning and Will Drafting

Real Property Descriptions: Cadastral Survey Overview

Estate Planning and Wills

  1. What is Estate Planning
    1. Ownership through Transfer
    2. Deeds, Trusts, Wills, Contracts, Covenants
  1. The "Estate Plan" already in place
    1. Federal State, and Tribal Limitations
    1. The Allotment Act – restriction or alienation
    2. The IRA (25 USCA 464)
    3. Tribal Inheritance and Purchase Statutes
    4. State Inheritance Codes
    1. Deeds (Inter-vivos Transfers to those who are capable of Holding)
    2. By Approved Trades or Sales
    1. With co-owners of joint tracts
    2. With some tribes for homesites

Wills

The WHAT, WHO, WHEN, and HOW of another way to overcome limitations on transfers.

  1. WHAT: A will is a document that accurately sets forth the testators intentions and is executed with due regard to the legal requirements, so that his                             property is passed, upon his death, to those devisees designated.
    1. Age and required mental capacity
  1. WHO DOESN’T need a will?
  2. WHO DOES need a will?
  3. WHEN to make a will – NOW.
  4. HOW
    1. Holographic
    2. Nuncupative
    3. Regular
    4. Self proved
  1. Testamentary Capacity
  2. Undue Influence
  3. Problem Areas of undue influence
  4. Two Wills
  5. The Scrivener
  6. Common pitfalls
  7. Separation of Title – Life Estates
  8. Life Estate as a tool of planning
  9. Use of Life Estate
  10. Income and Future Interests
  11. Execution of Will
  12. Review of Wills
  13. Records kept by scrivener for all wills
  14. Retention of wills
  15. Revocation and revival of wills

 

 

 

 

 

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