Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section PRP.01.13 — Rights Of Surviving Spouse In Land Assignment

(a) Non-Member Spouse. Notwithstanding any other agreement, if a grantee is married to a non-member of the Tribe and dies, the surviving non-member spouse shall be entitled to reside on the land assignment, not to exceed five acres, for his/her lifetime or until marriage to a non-member of the Tribe, whichever occurs first.

(1) If the surviving non-member spouse does not wish to reside on the land assignment, said spouse shall be entitled to receive compensation from the new grantee or beneficiary for the reasonable fair market value of all improvements placed by the deceased grantee and not otherwise disposed.

(2) If a beneficiary is not willing to pay a reasonable fair market value for the improvements placed by the land assignment, then the surviving spouse may attempt to sell the improvements to another eligible tribal member. The beneficiary shall have a right of first refusal to match the price of any legitimate offer from another tribal member.

(3) If the improvements are sold to another tribal member, then that tribal member would need to submit an application to be granted the land assignment.

(4) If the surviving non-tribal spouse has not resided on the land assignment for a period of at least twelve (12) consecutive months, the Tribe can seek to have the Tribal Court declare that the spouse has abandoned his/her rights under this section.

(5) Upon termination of the surviving non-member spouse's right to reside on said assignment, such surviving non-member spouse or the spouse's heirs shall have a reasonable period of time, not to exceed six (6) months to vacate said assignment. Personal property that has not been removed from the land assignment within this time will be deemed abandoned and disposed of by the Tribe.

(b) Tribal Member Spouse. Notwithstanding any other agreement, if a grantee is married to a member of the Tribe and the grantee dies, the land assignment, not to exceed five acres, shall revert to the surviving tribal member spouse.

(1) If the surviving tribal member spouse has an existing valid residential land assignment, the surviving tribal member spouse must relinquish one land assignment. The failure to act in 90 days will result in referral to the Land Committee, so that a recommendation can be made to the Tribal Council for action.

(2) If the surviving member spouse does not wish to occupy the assignment, said spouse shall be entitled to receive compensation from the new grantee or beneficiary for the reasonable fair market value of all improvements placed by the deceased grantee and not otherwise disposed.

(3) If a beneficiary is not willing to pay a reasonable fair market value for the improvements placed by the land assignment, then the surviving spouse may attempt to sell the improvements to another eligible tribal member. The beneficiary shall have a right of first refusal to match the price of any legitimate offer from another tribal member.

(4) If the improvements are sold to another tribal member, then that tribal member would need to submit an application to be granted the land assignment.

(5) Upon termination of the surviving member spouse's right to use and occupy said assignment, such surviving member spouse shall have a reasonable period of time, not to exceed six (6) months to vacate said assignment. Personal property that has not been removed from the land assignment within this time will be deemed abandoned and disposed of by the Tribe.