Q: I got a Notice of Hearing from US Dept. of Interior re: probate of my late husband's estate. He died in 2016. Next step?
My late husband died penniless 8 years ago, but he had part ownership with his siblings of 3.3 acres with mineral, gas & oil rights on the Standing Rock Reservation. I contacted the Tribe back then to tell them he died. They said he was not on the Tribal roles and that I had no right to discuss it. They were curt and intimidating. I was grieving and overwhelmed, and I let the matter go. Today I got a Notice of Hearing regarding this same piece of property. It refers to him as a "Deceased Standing Rock Sioux Indian" with a Tribal ID number. The other parties involved in this hearing are his 3 siblings, who I have no relationship with. We were married in WA, I now live in CA, they live in WA, and the property is in South Dakota. How can I find out what triggered this hearing after many years? How can I find out what my rights and responsibilities are? What are my next steps? What kind of lawyer should I hire, and where should s/he be licensed? Thanks for your help.
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A:
The Notice of Hearing you received suggests that your late husband's estate is now being processed through the Department of the Interior, likely because of the property on the Standing Rock Reservation. The hearing is likely triggered by the need to determine rightful heirs and manage the property interests, including mineral, gas, and oil rights. Given the complexity of probate on tribal land, especially when multiple states and jurisdictions are involved, it’s important to act promptly.
To understand your rights and responsibilities, start by contacting the Office of Hearings and Appeals (OHA) for more information about the probate case. You may also want to request copies of any documents they have on file regarding your late husband's estate. This will give you insight into why the hearing is happening now and what your potential rights are as a surviving spouse.
Hiring a probate attorney with experience in federal Indian law and probate matters involving multiple states will be essential. The lawyer should be licensed in the state where the property is located (South Dakota) and also be familiar with tribal law, given the property's location on the reservation. This attorney can help you navigate the legal complexities and represent your interests in the upcoming hearing.
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