§15.12. What happens if assets in a trust estate may be diminished or destroyed while the probate is pending?
25 C.F.R. § 15.12
This section applies if an interested party or BIA:
Learns of the death of a person owning trust or restricted property; and
Believes that an emergency exists and the assets in the estate may be significantly diminished or destroyed before the final decision and order of a judge in a probate case.
An interested party, the Superintendent, or other authorized representative of BIA has standing to request relief.
The interested party or BIA representative may request:
That OHA immediately assign a judge or ADM to the probate case;
That BIA transfer a probate file to OHA containing sufficient information on potential interested parties and documentation concerning the alleged emergency for a judge to consider emergency relief in order to preserve estate assets; and
That OHA hold an expedited hearing or consider ex parte relief to prevent impending or further loss or destruction of trust assets.
Notes, amendments, and revision history
Amendments
[73 FR 67278, Nov. 13, 2008, as amended at 76 FR 7505, Feb. 10, 2011]
Authority
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 372-74, 410, 2201 et seq.; 44 U.S.C. 3101 et seq.
Source
Source: 73 FR 67278, Nov. 13, 2008, unless otherwise noted.
Amendments
[73 FR 67278, Nov. 13, 2008, as amended at 76 FR 7505, Feb. 10, 2011]