Tribal project helps Native Americans plan, write wills

property owner does not have a will, gift deed, spouse or children, the remaining land goes to the tribe.

In response to the act, John Roach, a fiduciary trust officer for the Office of the Special Trustee, contacted numerous law schools in 2013 about developing a program that could provide estate services to tribal members, which can cost as much as $4,000.

Lucy Marsh, a law professor at the university, said the law school was the only one to respond.

She said the Tribal Wills Project is a collaborative effort among law students and state licensed attorneys, all of whom volunteer.

For this week’s visit to Upper Fruitland and Nenahnezad, about 20 law students worked under the guidance of Marsh and six supervising attorneys.

The first-year students provided customer service while the second-year and above students interviewed clients, reviewed documents and wrote wills.

The supervising attorneys reviewed the wills before it was prepared for final signatures and notarized in a signing ceremony.

Traditionally, topics like death are not commonly discussed in Navajo society.

Chavez said she respects Navajo tradition but setting an example for her children outweighed her belief.

“I have to set the example, so they can follow what I wrote in this will. …My belief in tradition, I had to overlook that, overcome that,” Chavez said in Navajo.

Each step of the drafting process was explained to Chavez. Joe Henriksen, a secondyear law student in charge of writing the will, asked numerous questions.

This is the first time Henriksen volunteered for the project.

“We tell them the will provides a set of instructions to carry out their wishes once they’re gone. That way, it provides them and their ones receiving the will peace of mind,” Henriksen said.

In some cases, the will goes beyond determining the future ownership of allotted land to include personal property, medical power of attorney and memorial instructions.

Henriksen said most clients did not know they could include items that carry sentimental value or significance, like hand woven rugs.

“Some clients are very sentimental about their pets. They want to make sure their two dogs or two cats are kept together,” he said.

Prior to traveling to tribal lands — the project has provided services in Arizona, Colorado, Montana and Utah — students receive training about culture and etiquette.

For this trip, they learned which terminology to avoid when talking about death and burial because it could be regarded as disrespectful.