Estate Practice Tips for Wills in Indian Country

This CLE is co-sponsored by the Elder Law Section and Anishinabe Legal Services.

A basic overview of the differences between writing a general will and writing one for Native American clients.  This includes both issue spotting tips for Native American clients and the difference between dealing with property on fee land vs tribal trust land.  Although it is not required, this course will be designed with the presumption that the participants have either taken the course Federal Indian Law: An Overview of U.S. Government Relations with Tribes in Minnesota or are already familiar Indian Law issues.  There will be some basics of writing a will, but the majority will focus on issues unique to writing wills for Native American clients including the fact that they may be living on trust land and/or have other potential assets based on their status as members of a Federally Recognized Tribe.  

This session is one of two being offered to provide background education for attorneys interested in providing pro bono assistance to Native American Elders through a combined effort of Anishinabe Legal Services, the Elder Law Section of the MSBA and the Minnesota Board on Aging.  These two legal sessions, one focused on Federal Indian law and history, including information about practicing before Tribal Courts, and a second providing instruction on how to develop a basic will for Native American clients, will be offered by the MSBA in May and early June.  An in-person legal clinic for basic wills and estate planning services will be held in Mahnomen, Minnesota, on Wednesday, June 11, 2025, with technical assistance and support provided by ALS for pro bono attorneys.