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Question regaurding Me Being a tribal Member Of An Indian tribe in Ca. and how i can obtain rights and willed alotment

Crescent City, CA |
Filed under: Native peoples law

Infact I am 6th Generation Of Chief Tenaya Of the Me-Wuk Tribe tht was taken out of Yosemite ca, My Grandfather Lived On the Resrvation and when he passed He Left a Will thats not being granted Which Was the house and Property of 9 acres Shall go to Next of Kin, which now would be me, Since dad passed in 08 from prostate cancer, if anyone should of saw anything from the tribe and our people Should have been dad now im picking up the fight where he left off Its not right what they have done and are still doing everyone ive spoken with says i have a great case just dont know wht steps to take and getting some help in this any help in this would be greatly appreciated and thank you for you time and consideration in reading this

Attorney Answers 3

Posted

You first need ascertain the status of the allotment. Most allotments are governed by the tribal governing authority. Contact the BIA and request a Tribal Status Report with the property description to determine the present status. You may need to probate the estate to enforce the will. You may need to start an action to enforce your property rights. Tribal property disputes are extremely complicated and require a highly skilled attorney. These disputes can be expensive

This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further no attorney client relationship is or has been formed by answering this question.

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John Scott Swimmer

John Scott Swimmer

Posted

Please feel free to give me a call at 414-380-2433 for a free 20 min consultation

Posted

There are a surprising number of attorneys in California who are experienced in Native American law: http://www.avvo.com/search/lawyer_search?utf8=✓&q=native+peoples+law&loc=California&commit=Find+lawyers

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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If the tribal government will not provide you with a list of allottees and tribal land ownership, then you may try the Office of Special Trustee to get the Individual Trust Interest report. If your grandfather owned an interest in allotted land, this report will confirm the information. A good starting point would be the Fiduciary Trust Officer at the Office of Special Trustee at the Pacific Region Office in Sacramento. They may be curious as to why your grandfather's will was never probated if it wasn't.

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