Federal Trust Documentation

1. Have client request information on estate planning

A client can request information on estate planning, either by phone or by visiting a region or agency office. An  Office of the Special Trustee (“OST”) Trust Officer  (“Officer”) will assist the client by providing pamphlets and general information about wills and estate planning options. However, if the client request legal advice regarding estate planning, the Officer will refer to an outside legal services organization.

• The Officer will provide the client with a copy of the estate planning pamphlet, “American Indians and Wills: Highlights from the American Indian Probate Reform Act of 2004.” If appropriate the Officer will review with the client.
• If the client seeks legal advice and does not have a lawyer, the Officer will provide the client with “How Do I Get Help with Writing a Will.”
• If the client seeks assistance with a gift deed or other transfer, referral will be given to the BIA real estate services

2. Have client request an inventory of trust property

The client can request information on estate planning, either by phone or by visiting a region or agency OST  office. The OST Trust Officer will verify the client’s identity and update the beneficiary records on the DOI system, if necessary the following information will be obtained.

• Any current or former names by which the person might be known
• Any identification or account number for the person
• All reservation of service areas in which the person might have an interest in trust or restricted land

The Officer will maintain an Estate Planning Inventory file for each request. This file will contain the reports that identify trust assets and obligations.

The Officer will request an Individual Trust Interest (“ITI”) report addressing each name, ID number, and reservation provided by the beneficiary.

The Officer will obtain balances for all Individual Indian Monies (“IMI”) accounts held on behalf of the client and any income assignments authorized by the beneficiary.

Upon receiving the ITI, the Officer will highlight the reservation code, tract id, total acreage and fractional interest hte client holds in each trust or restricted parcel.

Using the ITI, the Officer will

• Request Title Status Report (“TSR”) and, upon receipt, highlight encumbrances (leases, contracts, mortgages, liens, etc) that affect the client’s interest.
• Request a Branch Review of the inventory to identify any assets, income or obligation not listed in the TSR.

If the branch review identifies ownership discrepancies, these should be reviewed to finalized the inventory.

After the branch review, the OST Trust Officer will forward the estate planning inventory to the client.

If an attorney or legal services organization has requested the inventory on behalf of a beneficiary, the OST Trust Office must have a release, signed by the beneficiary, authorizing the Secretary to provide the information to that individual organization.