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Working Memo 1 (April 2014)

handle is hein.nccusl/nccpubmtpc3786 and id is 1 raw text is: ULC/MODEL TRIBAL PROBATE CODE
WORKING MEMO: ISSUES LIST
1.     BROAD ISSUES
A.     Level of Tribal Probate Code Specificity
1.    comprehensive set of provisions dealing w/ many components with
targeted code limited to issues important to that particular tribe
2.     fewer rules + greater discretion to probate court to determine heirs etc.
through particular tribal lens
B.    Desirability of Correlations?
1.    Between:
a.    TPC - AIPRA: Extent of desired uniformity between particular
tribal code and AIPRA; particularly relevant where decedent's
estate contains fee or taxable property.
b.     TPC - TPC: extent of desired uniformity from tribe to tribe
c.     TPC - State Law: extent of desired uniformity from tribe to state.
2.    See, e.g., Abraham Bell & Gideon Parchomovsky, Property Lost in
Translation, 80 U. CHI. L. REV. 515 (2013) (discussing translation costs
attending localized versus state property rights systems).
C.    Underlying policy of Statutes of D&D
1.    Traditional driver of state code = approximating what most decedents
under same/similar circumstances would desire most of the time.
2.     Policies driving AIPRA: essentially consolidation & cost efficiencies with
an eye on actual and presumed testamentary freedom or intent.
D.     Cultural component
1.    Intestate succession =jurisdictional creation of family; what relationships
do the state/tribe, through legislation, wish to encourage/legitimate
2.     Testate succession = individual creation of family; means of actuating

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