Estate of Byron Keith Other Bull, 55 IBIA 115 (2012)

• Court: Interior Board of Indian Appeals

INTERIOR BOARD OF INDIAN APPEALS Estate of Byron Keith Other Bull 55 IBIA 115 (06/14/2012)

United States Department of the Interior

OFFICE OF HEARINGS AND APPEALS INTERIOR BOARD OF INDIAN APPEALS 801 NORTH QUINCY STREET SUITE 300 ARLINGTON, VA 22203

ESTATE OF BYRON KEITH OTHER BULL

Order Vacating Decision and Remanding Docket No. IBIA 10-082 June 14, 2012

Rachel Other Bull, Jaime Other Bull, and Cameron Other Bull (Appellants) challenge an Order Removing Improperly Included Property from Estate Inventory (Modification Order), entered on March 25, 2010, by Indian Probate Judge (IPJ) Albert C. Jones in the estate of Appellants’ father, Byron Keith Other Bull (Decedent), deceased Crow Indian, Probate No. P000017142IP. The Modification Order removed interests in Allotments No. 202-157-B (Allotment 157-B) and No. 202-M157-F (Allotment M157-F), located on the Crow Reservation, from Decedent’s estate inventory pursuant to the request of the Superintendent of the Crow Agency (Superintendent), Bureau of Indian Affairs (BIA).1 Appellants argue that they were not provided notice of the proposed modification or an opportunity to be heard on the matter, in violation of their due process rights. We do not reach the issue of whether Appellants were afforded appropriate due process because we conclude that we must vacate the Modification Order and remand this matter for another reason: BIA’s request was not properly supported. With respect to Decedent’s interest in Allotment 157-B, BIA’s request was based on a 1999 administrative order issued by the manager of BIA’s Rocky Mountain Land Titles and Records Office (LTRO) in the estate of Decedent’s mother, Margaret Other Bull (Margaret), from whom Decedent inherited his interest in Allotment 157-B. The administrative order purported to remove Margaret’s interest in Allotment 157-B from her estate inventory. On its face, the administrative order is invalid because the LTRO was not authorized to remove trust1

[1]. Allotment 157-B is the surface interest in the N½ SW¼ of Section 28, Township 1 South, Range 35 East, Principal Montana Meridian and the W½ NW¼ of Section 29, Township 2 South, Range 32 East, Montana Principal Meridian, containing 160 acres, more or less. Allotment M157-F is the mineral interest underlying the W½ NW¼ of Section 29, Township 2 South, Range 32 East, Montana Principal Meridian, containing 80 acres, more or less. Thus, this mineral interest lies under one half of Allotment 157-B. 55 IBIA 115

property from Margaret’s estate inventory. With respect to Decedent’s (and Margaret’s) interest in Allotment M157-F, the record is devoid of any explanation for the removal of this interest. It is not mentioned in the 1999 administrative order or elsewhere in Decedent’s probate record. Background Margaret died in 1988. Her trust estate was probated in 1989 and, by order entered May 25, 1989, was distributed in equal shares to her 4 children, including Decedent. Estate of Margaret Hill Other Bull, No. IP BI 382A88 (May 25, 1989) (Probate Record (PR) Tab 7). Shortly thereafter, on June 29, 1989, the LTRO manager issued an administrative modification (1989 administrative modification) to add property to Margaret’s estate inventory, including a 1/12 undivided interest in Allotment 157-B. PR Tab 7. The 1989 administrative modification set forth the justification for adding the interest as “1/12 Thru 14487957.”2 The 1/12 interest in Allotment 157-B then was distributed pursuant to the May 25, 1989, probate order in Margaret’s estate, i.e., in four equal 1/48 shares to each of Margaret’s four children, including Decedent. No mention of Allotment M157-F is made in the 1989 administrative modification. Ten years later, in 1999, the LTRO manager issued an order in which he purported to “vacate” the 1989 administrative modification and thereby remove Allotment 157-B from Margaret’s estate inventory (1999 administrative order). PR Tab 7. According to the 1999 administrative order, Margaret “had no interest in [Allotment] 157-B at the time of her death.” No further explanation or documentation was provided to show, e.g., that Margaret was not entitled to a “1/12 [interest] through 14487957,” as set forth in the 1989 administrative modification, or that Margaret had disposed of the interest in the allotment during her lifetime. The 1999 administrative order apparently was not entered in the Department of the Interior’s (Department’s) Trust Asset and Accounting Management System (TAAMS), which is the Department’s computerized land records system. Allotment M157-F is not mentioned in the 1999 administrative order. Decedent died in 2004 and his trust property passed to his widow, Marlene Blackburn Other Bull (Marlene).3 Probate Decision, Apr. 21, 2005 (PR Tab 10). Because

2

We cannot determine whether the number 14487957 is an Indian probate docket number or whether it refers to a non-probate...