Section PRP.01.12 — Transfer Of Land Assignment Following Death Of Grantee

(a) Land assignments are normally re-assigned to another tribal member following the death of a grantee unless the grantee has a surviving spouse who wishes to continue to reside on the land assignment or unless the grantee's beneficiary is a minor child. As long as one of these exceptions is applicable, the land assignment will continue to be held in the name of the deceased grantee and other individuals will have the rights and obligations provided for under this ordinance.

(b) Upon the death of the grantee, the grantee's surviving spouse shall have a right to continue to reside on the land assignment in accordance with Section PRP.01.13. The surviving spouse shall be responsible to use and maintain the land assignment in accordance with tribal law for as long as the spouse holds it as his/her residence.

(c) In the event that there is no surviving spouse or the surviving spouse does not wish to reside on the land assignment, then the land assignment may be transferred to the grantee's beneficiary.

(1) The grantee may designate in writing his/her named beneficiaries to such land assignment. Such beneficiaries must be tribal members.

(2) Within 30 days of the death of a grantee, the Land and Enrollment Department will send notice to the identified beneficiary that informs the beneficiary of his/her beneficiary status and provides an opportunity to apply for the land assignment.

(3) If the beneficiary is eligible for and interested in obtaining the land assignment, the beneficiary must submit an application for the assignment within 90 days of the date that the beneficiary is notified that he/she is the identified beneficiary. This application will be processed in accordance with this ordinance.

(4) Beneficiary is Minor Child. If the identified beneficiary is a tribal member who is a minor child, then the following process shall apply:

(A) Notice shall be sent to the parent(s)/guardian(s) for the minor child by the Land and Enrollment Department to notify them that the child is a named beneficiary.

(B) If the parent(s)/guardians(s) wish to assume responsibility for the land assignment on behalf of the child until the child becomes an adult, then the parent(s)/guardians(s) shall submit a notarized, written statement to the Land and Enrollment Department confirming that the parent(s)/guardians(s) accept responsibility for the land assignment until the minor child turns 18-years of age.

(i) The Land and Enrollment Department shall forward this response to the Land Committee, who shall make a recommendation to the Tribal Council.

(ii) The Tribal Council shall accept or reject the proposal by the parent(s)/guardian(s).

(iii) In the event that the proposal is accepted, the parent(s)/guardian(s) shall be responsible to ensure that any use of the land assignment is in accordance with applicable law during the time it is under their control.

(iv) If the parent(s)/guardian(s) use of the land assignment does not comply with applicable laws, then the parent(s)/guardians shall forfeit all use rights in the land assignment and the minor child shall forfeit all beneficiary rights in the land assignment. The land assignment shall revert to the Tribe and parties shall be required to vacate the property consistent with Section PRP.01.12(d).

(C) Once the child turns 18-years old, the Land and Enrollment Department shall send notice to the beneficiary that informs the beneficiary of his/her beneficiary status and provide an opportunity to apply for the land assignment.

(D) If the beneficiary is interested in obtaining the land assignment, the beneficiary must submit an application for the assignment within 60 days of the date that the beneficiary is notified that he/she is the identified beneficiary. This application will be processed in accordance with this ordinance.

(E) The land assignment shall remain in the deceased grantee's name until the minor beneficiary has reached 18-years of age and had an opportunity to apply for the land assignment.

(d) In the event there is no surviving spouse who wishes to reside on the land, there is no named beneficiary or the beneficiary does not obtain the land assignment, then the land assignment will automatically revert to the Tribe.

(1) The grantee's heir(s) will have a reasonable period of time, not to exceed six (6) months, to vacate the land assignment from the later of the date of death or, if applicable, when probate closes. Heir(s) may be required to provide evidence that they have a legal right to dispose of personal property.

(2) If grantee's heir(s) were living on the land assignment at the time of the grantee's death, then the heir(s) may continue to live there while preparing to vacate the land assignment so long as there is Tribal Council approval. However, the heir(s) are not authorized to move onto the property after the grantee's death.

(3) The grantee's heir(s) may apply to the Tribal Council for a one-time extension of this deadline for up to an additional six (6) months.

(4) Personal property that has not been removed from the land assignment by the grantee's heir(s) within the six (6) month time frame will be deemed abandoned and disposed of by the Tribe.