The Oklahoma Bar Journal April 2024

100 Tribes.” 38 Not surprisingly, fractionation continued to increase on reservations not included in the LBBP, including a 283% increase on the Cherokee Reservation and a 63% increase on the Muscogee (Creek) Reservation. 39 Without further consolidation efforts, the number of fractional interests will return to pre-program levels within 15 years. 40 Attorneys in Oklahoma can play a productive role in mitigat ing the effects and expansion of fractionation. First, practitioners should familiarize themselves with the various laws governing the alienation and descent of interests in restricted and trust allotments. 41 This includes probate codes enacted by tribes as allowed by the ILCA. One set of rules may apply to certain tribes while another set applies to others. 42 Failure to follow the applicable law can defeat the intent of Indian owners and result in a clouded title or property passing through intestacy rather than according to an invalid will or trust. 43 Second, attorneys who represent clients owning interests in trust or restricted allotments should counsel their clients on the effects of fractionation. When these effects are fully understood, owners may pursue a different approach than originally contem plated. Third, attorneys can offer constructive solutions to avoid the worst effects of fractionation. For example, estate planning attorneys may recommend distributing inter ests in restricted or trust allotments by will to a single heir while pro viding other property in the estate to other heirs. In certain circum stances, restricted or trust property PRACTICAL TIPS FOR ATTORNEYS

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL