Oskolkoff, Larry Michael, Estate of, 37 IBIA 291 (2002)

Extract

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Oskolkoff, Larry Michael, Estate of, 37 IBIA 291 (2002)

Appeal from an order denying petition for rehearing in Indian Probate IP SL 010H 99.

Vacated and remanded.

1. Indian Probate: Wills: Approval of Will

Under the Department's Indian probate regulations, Indian wills are approved or disapproved as a part of the probate process. 43 C.F.R. § 4.240(a)(2); 25 C.F.R. § 15.311(2). There is no requirement for approval of an Indian will prior to the testator's death.

2. Alaska: Native Allotments--Indian Probate: Indian Reorganization Act of June 18, 1934: Construction of Section 4

Section 4 of the Indian Reorganization Act, 25 U.S.C. § 464, which places restrictions on the devise of trust or restricted property, does not apply to Alaska Native allotments.

3. Indian Probate: Wills: Proof of Will

It is an abuse of discretion for an Administrative Law Judge to find that an Indian will has been properly executed, based solely upon the testimony of individuals who stand to benefit from approval of the will.

IBIA 01-132

OPINION BY ADMINISTRATIVE JUDGE VOGT

This is an appeal from a May 10, 2001, order denying petition for rehearing issued by Administrative Law Judge Harvey C. Sweitzer in the...

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