Native American Estate Planning
Our Native American clients have unique needs. The standard estate plan that works for most of our clients does not address the needs of the Native American community, particularly as it relates to trust and restricted lands.
Protecting Your Native American Legacy
Estate planning for Native American clients requires specialized knowledge of federal Indian law and the unique rules governing trust and restricted land. We provide comprehensive planning solutions that comply with federal requirements while giving you maximum control over how your assets pass to future generations.
AIPRA-Compliant Wills
By carefully crafting a will which complies with the American Indian Probate Reform Act of 2004 (AIPRA), we help our Native American clients take the proper steps to ensure their land and assets go to whom they want while making sure that all federal requirements are met.
AIPRA very strictly dictates who receives what if someone passes away without a will. While there are still specific requirements to be met regarding who can inherit, a will provides far more freedom to the Native American community to specify and care for their family in ways that the government may not do so. Further, preparing a will can help avoid the possibility of a forced sale of land.
Native American Legacy Planning (NALP)
At the Maverick Law Group, we have developed and offer Native American Legacy Planning (NALP). A NALP can be revocable or irrevocable. This is different from the federal government holding land and minerals in trust (trust and restricted land). With a NALP, an individual has complete control over the assets held in trust. There are several benefits to a NALP including:
• leave a legacy for one's descendants
• protect and preserve assets
• control who gets what, when, and under what conditions
Our Native American Estate Planning Process
We guide Native American clients through the complex federal requirements governing trust and restricted land while maximizing your control over how assets pass to your family.
Step 1: Initial Consultation
We start with a consultation to understand your family situation, assets, and goals so we can recommend an appropriate plan.
Step 2: AIPRA Analysis
We review whether the American Indian Probate Reform Act (AIPRA) or other federal rules apply to your trusts, restricted land, or probate rights and explain the implications for inheritance.
Step 3: NALP Drafting
We prepare Native American Legacy Planning documents (revocable or irrevocable NALP) or AIPRA-compliant wills to reflect your wishes while meeting federal requirements.
Step 4: Implementation & Support
We assist with execution, trust funding, and ongoing support to help protect assets and avoid forced sales or loss of family land.
Have a legal situation you'd like to talk with us about?
Have a legal situation you'd like to talk with us about?
Native American Estate Planning On Our Blog
A Native American Legacy Planning (NALP) is a revocable or irrevocable legal plan that allows individuals to control assets-such as trust or restricted land and minerals-while providing for descendants and preserving family interests. Unlike federal trust holdings, a NALP can be structured to give the individual control over distribution, conditions, and protections for those assets.
A properly drafted will that complies with the American Indian Probate Reform Act of 2004 (AIPRA) gives Native American individuals greater control over who inherits their trust or restricted property. AIPRA sets default rules for intestacy, but a compliant will allows different distributions consistent with federal requirements. We review your situation and draft wills that meet AIPRA standards to reduce the risk of default distributions.
While some circumstances can still lead to sales or partition actions, careful estate planning-especially through AIPRA-compliant wills and NALPs-can reduce the risk of forced sales by clarifying ownership interests, establishing protective terms, and setting conditions for transfer. Each case depends on the land's status, co-ownership interests, and applicable tribal or federal rules; we analyze these factors when advising clients.