Celebrity Estates: Wills of the Rich and Famous

Celebrity Estates: Jim Thorpe, Native Americans, and the Land Back Movement

Dec 16, 2024

Alma Soongi-Beck, a Counsel at Lothrop GPM specializing in the Land Back movement, and Professor Jo Carrillo, a law professor with expertise in Indigenous property law, delve into the complexities of Jim Thorpe's burial controversy. They discuss the intersection of legal rights and personal wishes, especially regarding land repatriation. The duo also explores land transfers' nuances, conservation impacts, and the rising trend of testamentary gifts, highlighting the importance of respectful communication in fostering Indigenous sovereignty and identity.

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INSIGHT

NAGPRA's Application Can Be Narrowed By Courts

The Third Circuit ruled Patricia had next‑of‑kin rights, reversing a lower court NAGPRA finding and narrowing the Act's reach.
The sons' appeal to the Supreme Court was denied, leaving unresolved concerns about NAGPRA's scope.

INSIGHT

What 'Land Back' Means For Advisors

Land Back is an indigenous‑led movement urging non‑indigenous people to learn whose land they occupy and return land to tribes to strengthen sovereignty.
Estate planners can assist by facilitating transfers that support Indigenous communities.

ADVICE

Minimize Donor Control Over Returned Land

When gifting land to tribes, minimize donor control and avoid micromanaging post‑transfer conditions.
Make a clear transfer rather than imposing complex controls that later conflict with tribal use.

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Jim Thorpe, revered as one of the greatest athletes in American history, exemplifies how personal wishes and legal rights can conflict posthumously. Thorpe’s estranged third wife, Patricia, moved his remains to a town in Pennsylvania, which now bears his name, in a bid to create a tourist attraction, a decision contested by his sons under the Native American Graves Protection and Repatriation Act of 1990.

David Lenok speaks with Alma Soongi Beck and Professor Jo Carillo about the multifaceted legal landscape surrounding estates involving Native Americans, focusing on Jim Thorpe’s controversial burial. They explore the nuanced issues of land rights, the Native American Graves Protection and Repatriation Act, and the increasing interest in land back movements.

David, Alma, and Jo discuss:

The legal battles surrounding Jim Thorpe’s burial controversy and what it symbolizes for Indigenous rights;
The impact and significance of the land back movement on traditional land ownership;
Common pitfalls encountered in estate planning involving Indigenous lands;
Recent trends in charitable giving and how they support Indigenous communities;
How tax laws affect charitable giving to Indigenous organizations;

Resources:

Connect With David Lenok:

Connect With Alma Soongi Beck:

Connect With Professor Jo Carillo:

UC Law San Francisco: Jo Carrillo

About Our Guests:

Alma Soongi Beck is certified as a specialist in estate planning, trust, and probate law by the State Board of Legal Specialization. Alma’s practice focuses on trusts, charitable planning, gift and estate tax planning, and post-death administration including trust administration and probate. She also offers consultations and seminars on the legal and tax implications of domestic partnership, marriage, and property co-ownership for same-sex and unmarried couples, as well as on the evolution of parentage and gender in estate planning. Alma also advises and presents Land Back to Indigenous Tribes for titleholders, Tribes, and Indigenous nonprofit organizations.

Jo Carrillo JD/JSD is a Professor of Law and Faculty Director of the Indigenous Law Center (ILC) at UC Law San Francisco (formerly UC Hastings). For over three decades, Carrillo has taught and written extensively in property and property-related subjects, including Federal Indian Law. Carrillo earned her BA from Stanford University, her JD from the University of New Mexico, and her JSD from Stanford Law School. She is a member of the Order of the Coif, the American Law Institute, and a former Trustee of the Law & Society Association; she was a Visiting Scholar at The Center for the Study of Law & Society at UC Berkeley Law, and a Visiting Professor at Stanford Law School. As Faculty Director of the UC Law Indigenous Law Center, in addition to other responsibilities, Carrillo facilitates a seminar series called Law & Seminars.