Term
|
Definition
| FEDERALLY RECOGNIZED INDIAN TRIBES ARE SOVERIGN GOVERNMENTS WITH THE INHERENT RIGHTS OF MANAGING THEIR OWN AFFAIRS. INDIAN LAW IS GOVERNED BY FEDERAL LAW AND WA LAW (TITLE 37) |
|
|
Term
|
Definition
| 1. ALL LANDS WITHIN EXTERIOR BORDERS OF A RESERVATION, INCLUDING LAND OWNED BY NON INDIANS AND RIGHTS OF WAY PASSING THROUGH; 2. DEPENDENT INDIAN COMMUNITIES; AND 3. INDIAN ALLOTMENTS |
|
|
Term
|
Definition
| INDIAN TRIBES ARE SUBJECT TO THE PLENARY AUTHORITY OF CONGRESS. AS A GENERAL RULE, STATE COURTS HAVE NO JURISDICTION OVER INDIANS IN INDIAN COUNTRY, EXCEPT TO THE EXTENT THAT CONGRESS HAS DELEGATED ITS AUTHORITY TO THE STATES OR THAT THE TRIBES HAVE SPECIFICALLY AGREED TO. |
|
|
Term
|
Definition
| PURSUANT TO FED LAW PL 280; WA HAS ASSUMED PARTIAL JURISDICTION OVER INDIANS IN INDIAN COUNTRY AND HAS FULL LEGAL AUTHORITY OVER INDIANS OUTSIDE INDIAN COUNTRY AND A NON INDIAN IN INDIAN COUNTRY |
|
|
Term
| SOVERIGN IMMUNITY OF TRIBES |
|
Definition
| RECOGNIZED TRIBES ARE GENERALLY IMMUNE FROM LAWSUITS EXCEPT TO THE EXTENT AUTHORIZED BY CONGRESS OR TO THE EXTENT THE TRIBE HAS WAIVED ITS IMMUNITY |
|
|
Term
|
Definition
| FORMALLY ENROLLED IN TRIBE |
|
|
Term
| TRIBE JURISDICTION OVER NON MEMBER INDIANS |
|
Definition
| LESS THAN THAT OVER MEMBERS |
|
|
Term
| CONSTRUCTION OF INDIAN TREATIES |
|
Definition
| AMBIGUITIES RESOLVED IN FAVOR OF TRIBE; TO BE CONSTRUED AS INDIANS UNDERSTOOD THEM AND LIBERALLY, FOR THE BENEFIT OF THE INDIANS |
|
|
Term
| STATUS OF RECOGNIZED TRIBES |
|
Definition
| DOMESTIC, DEPENDANT NATIONS |
|
|
Term
|
Definition
| MUST BE STATED AND INTENTIONAL BUT MAY BE IMPLICIT (EAGLE FEATHERS) |
|
|
Term
| TRUSTS, WILLS, PROBATE OPENER |
|
Definition
| WILL AND PROBATE LAW GOVERNS THE DISPOSTION OF ASSETS UPON DEATH. THE LAW OF TRUSTS CONTROLS THE DISPERSAL OF PERSONAL (REAL?) PROPERTY TO OTHERS TO OTHERS UNDER THE PROTECTION OF A FIDUCARY. |
|
|
Term
|
Definition
| SETTLOR, PROPERTY, INTENT, RAP COMPLIANCE, ASCERTAINABLE BENEFICIARIES AND A TRUSTEE. |
|
|
Term
|
Definition
| MUST HAVE LEGAL CAPACITY, CAN BE COURT APPOINTED IF NAMED TRUSTEE FAILS AND MUST BE SOMEONE OTHER THAN OR IN ADDITION TO A BENEFICIARY. |
|
|
Term
|
Definition
| FIDUCIARY DUTY OF LOYALY EXCLUDES SELF-DEALING UNLESS TRUST INSTRUMENT ALLOWS; MUST NOT TAKE OPPORTUNITY OF TRUST OR BORROW FROM THE TRUST. |
|
|
Term
|
Definition
| PROHIBITS ASSIGNMENT BY THE BENEFICARY OR ATTACHMENT OF A FUTURE DISTRIBUTION BY A BENEFICIARY'S CREDITOR |
|
|
Term
|
Definition
| FOR DIMINUTION OF ESTATE AND LOST EARNINGS. CT MAY ORDER TRUSTEE REMOVED AND APPOINT A SUCCESSOR TRUSTEE. A DECL JDMT MAY ORDER SPECIFIC PERFORMANCE OF TRUSTEE'S DUTIES OR ENJOIN TRUSTEE. |
|
|
Term
| TESTATOR'S MENTAL CAPACITY |
|
Definition
| UNDERSTAND: 1. NATURE AND EXTENT OF PROPERTY; 2 NATURAL OBJECTS OF HER BOUNTY, SUCH AS FAMILY MEMBERS; 3. THE TESTEMENTARY EFFECT OF SUCH A DEVISE. |
|
|
Term
|
Definition
| 1. TESTEMENTARY CAPACITY AND OVER 18; INTENT; 3.MENTAL CAPACITY; 4. ATTESTED TO BY TWO DISINTERESTED WITNESSES; 5 SIGNED BY TESTATOR. |
|
|
Term
| CONTEST A WILL FOR UNDUE INFLUENCE |
|
Definition
| MUST SHOW FIDUCIARY RELATIONSHIP AND ACTIVE PARTICPATION BY THE BENEFICIARY WHO RECEIVED AN UNNATURALLY LARGE DEVISE |
|
|
Term
|
Definition
| TESTATOR MAY DEVISE ONLY HALF OF C.P. AND ALL OF S.P. IF D. DIES INTESTATE, HALF TO SPOUSE OR REG D.P. BALANCE TO ISSUE OF D. |
|
|
Term
|
Definition
| APPLIES TO SP OF D WHO OWNED FAMILY RES AS SP; SS MAY APPLY FOR UP TO $125K OF THE VALUE OF THE RESIDENCE, EVEN IF OTHERWISE DISOWNED (UNLESS SS MURDERS D) |
|
|
Term
|
Definition
|
|
Term
| INCORPORATION OF SEPARATE WRITING |
|
Definition
| OK IF IN EXISTANCE AT TIME OF EXECUTION OF WILL AND SUFFICIENTLY DESCRIBED AND IDENTIFIED. |
|
|
Term
|
Definition
| IF IT CHANGES OR ELIMINATES A BENEFICIARY OR CREATES NEW TESTAMENTARY SCHEME OR ADDS NEW BENEFICIARIES MUST HAVE ALL WILL FORMALITIES, CHANGE MERELY ADDING TO RESIDUE DOES NOT REQUIRE (?? REDUCING BEN SHARE) |
|
|
Term
|
Definition
| LIFE INSURANCE; RETIREMENT PLANS; TRUSTS; POD ACCOUNTS; JOINT BANK ACCOUNTS AND PROPERT HELD AS JOINT TENANTS |
|
|
Term
|
Definition
| ORIGINAL WILL AND DEATH CERTIFICATE MUST BE SUBMITTED TO COURT FOR PROBATE WITHIN 30 DAYS. COPY CAN ONLY BE USED IF ORIGINAL LOST AND CLEAR AND CONVINCING EVIDENCE THAT WILL NOT REVOKED AND COURT HAS PROOF OF THE PROPER EXECUTION AND VALIDITY OF THE WILL (WITNESS AFFIDAVITS?) |
|
|
Term
|
Definition
| PR NAMED IN WILL OR APPOINTED BY CT. SS OR RDP MAY PETITION TO BE PR FOR CP WITHIN 40 DAYS OF DEATH. PR IS UNDER DUTY TO GIVE NOTICE TO ALL BEN AND CREDITORS AND EXERCISE REASONABLE CARE IN ADMINISTRATION/DISTRIBUTION OF ESTATE |
|
|
Term
| DISPUTE OVER ESTATE/TRUST |
|
Definition
| WA's TEDRA REQUIRES THAT THE PARTIES SUBMIT TO MEDIATION AND ARBITRATION SUCH DISPUTES |
|
|
