In Re Estate of Big Spring
2011 MT 109
| Mont. | 2011Background
- Big Spring died July 26, 2003, on the Blackfeet Reservation; his estate consisted of trust land and member Indian-owned fee land within the Reservation boundaries.
- Julie Big Spring and William Big Spring III (the appellants) challenge a District Court probate order that assumed jurisdiction over the Estate.
- Angela Conway is Big Spring’s daughter and enrolled Blackfeet member; Angela’s enrollment status is clarified as enrolled.
- Georgia Eckerson served as personal representative and transferred estate assets; disputes arose over testacy, heirs, and distribution.
- DOI probate hearings occurred in 2006–2007 determining trust property and heirs, while state probate proceedings continued in parallel.
- District Court denied appellant motion to dismiss for lack of subject matter jurisdiction, prompting appeal on tribal jurisdiction over probate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District Court properly assumed probate jurisdiction. | Big Spring’s heirs contend tribal jurisdiction is exclusive. | District Court may exercise concurrent jurisdiction absent preemption or tribal sovereignty concerns. | No; tribal court has exclusive jurisdiction over probate. |
| Whether the Blackfeet Tribal Court has exclusive jurisdiction over the Estate. | State court cannot adjudicate probate on Indian lands; tribal sovereignty prevails. | State court can probate tainted assets absent federal preemption. | Blackfeet Tribal Court has exclusive jurisdiction. |
| Role of Public Law 280 in this case. | PL-280 does not authorize state probate jurisdiction here. | PL-280 permits state involvement where not preempted. | PL-280 preempts district court probate jurisdiction without tribal consent. |
| Effect of Iron Bear and Montana’s prior tests. | Iron Bear test governs jurisdiction over Indian property. | Iron Bear misreads federal law; Bracker framework controls. | Iron Bear overruled; Bracker-based approach applies. |
Key Cases Cited
- Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (U.S. 2008) (geographic sovereignty and land status determine jurisdiction in Indian country)
- Williams v. Lee, 358 U.S. 217 (U.S. 1959) (state regulation on reservations requires respect for tribal self-government)
- Kennerly v. Dist. Court of the Ninth Jud. Dist. of Montana, 400 U.S. 423 (U.S. 1971) (federal preemption required for state court jurisdiction over reservation matters)
- Fisher v. Dist. Court of the Sixteenth Jud. Dist. of Montana, 424 U.S. 382 (U.S. 1976) (state court jurisdiction over reservation matters may be preempted by federal law)
- McClanahan v. Arizona State Tax Comm’n., 411 U.S. 164 (U.S. 1973) (federal supremacy and tribal self-government limit state taxation on reservations)
- Mescalero Apache Tribe v. Jones, 411 U.S. 145 (U.S. 1973) (framework for applying state laws on reservations; focus on self-government and federal law)