Mere mention of the word “probate” sends most people into a tailspin; however, for American Indian descendants of Indian Territory allottees, probate, as well as oil, gas and mineral rights can be particularly problematic.

Marcella Giles, Muscogee/Creek land rights attorney, is devoting her “second career” to helping American Indians iron out over a hundred years of controversy concerning allottee rights. Giles presented “What Every Allottee Should Know” as part of the 35th Annual Symposium of the American Indian at NSU Friday.

Giles is the descendant of original allottees in the Broken Arrow area. Her first career was as a school teacher, but she now practices law in Washington, D.C. She serves as the attorney general for both the Seminole and Creek Nations in Oklahoma, and works diligently protecting American Indian oil and gas leases, and to preserve cemeteries, graves and other sacred sites.

One hundred years after the assault on Tribal Nations by allotment policies of 1887 to 1907, the impact of trust and title instruments represents a collision course of clouded titles; incomplete probates; the end of 100-year mineral leases; lost records; unidentified parcels of restricted land; minerals severed from the surface, but still in restricted status; and myriad trespass or adverse possession issues.

“We all remember the stories,” said Giles. “And we all have them. Stories about land being stolen. My grandmother used to tell us every time we passed a spot of farm land, ‘That’s the land they stole from Uncle Gus.’ Each of her 28 grandchildren knew this story.”

While studying law, Giles chose to track the truth down on her Uncle Gussey Burgess’ land and found her grandmother was right.

“I tracked down records and studied and came to the conclusion that, sure enough, they did steal the land,” said Giles. “Now, it is my encouragement and my passion to make sure there’s not another generation of you sitting out there who will also lose what is yours.”

What began as a $2.4 billion known loss by the U.S. government has become a more than $7 billion case Giles is handling concerning government mismanagement of Individual Indian Money - or IIM - accounts. Special accounts are set up as a trust through the government’s management of Indian allotted lands involving properties with oil and gas production, coal production, grazing leases or timber sales. The suit culminates on behalf of 300,000 IIM account holders dating back at least 80 years.

“Based on the IIM accounts, we have a multi-billion dollar suit for non-payment,” said Giles. “An offer has been made by the administration for a $7 billion settlement extended to tribal and Indian account, but it would extinguish all other claims forever. I can tell you, you will find letters documenting each and every allottee involved in this and what the government is offering is pennies on the dollar, even at $7 billion.”

Giles commented on previous speakers at the symposium, who also are working to bring the injustices of allotment to light.

“I wish I had the witticisms of [Wes] Studi, or the scholarship of [Rennard] Strickland,” said Giles. “They both have set the tone this week to explain to others this was an awful time in our history. It’s 100 years later, but where are we? We know the stories, but in law, I believe, we’ll find the stories to be fact.”

Giles indicated the importance of gathering family documents and tracing lineage in order to be eligible to claim what’s rightfully allowed. She also stressed the truth of Oklahoma historian Angie Debo’s book “And Still The Waters Run,” a recounting of theft of Indian lands during the time of allotment.

“Many people ask me, ‘Do lawyers really use Debo’s book for citation in lawsuits?’” said Giles, producing a worn, dog-eared and tabbed copy of the book. “Well, here’s my copy. What do you think?”

From 1830-1855, all of Oklahoma was Indian Territory. Giles recounted one allots testimony at the time, a man by the last name of Harjo.

“When he testified, he said ‘I hear you’re chopping up our land,’” said Giles. “What a great observation. When Indian Territory was given to us, it was supposed to be ours forever, a nation held in common. Harjo said it best, because when allotment was created, it was as if it were cutting up our wholeness as a people.”