This article applies to all program applicants, regardless of
when they applied; provided however, that the applicant meets all
other qualifications contained in this chapter.
When a lessee dies testate or intestate.
A.
If the tribal member lessee of the leasehold estate shall die and
leave a nontribal member surviving spouse, the surviving spouse, at
the option of Tribal Council, shall be permitted to use and occupy
the holding during his/her lifetime (a "life estate"), provided that
he/she does not remarry, has lived with the tribal member lessee for
at least the previous two (2) years and resides with the tribal member
lessee upon lessee's death. The nontribal member spouse shall
not be recognized to have any possessory rights in the leasehold estate
but shall comply with all laws and regulations related thereto and
all terms and provisions contained within the lease.
B.
If the tribal member lessee of the leasehold estate shall die and
leave a nontribal member surviving spouse, together with surviving
minors who are tribal members, the surviving spouse may use the possessory
holding and improvements for the benefit of such minors during their
period of minority, but upon member minor(s) reaching the age of majority,
the tribal member adult must make application for the leasehold estate
and meet the eligibility requirements set forth in this chapter. The
nontribal member spouse shall have lived with the tribal member lessee
for at least the previous two (2) years and reside with the tribal
member lessee upon lessee's death.
C.
If the tribal member lessee of the leasehold estate shall die and
leave heirs, other than a nontribal member spouse, who are members
of the Tribe, and under federal or state law would be entitled to
inherit personal property from the holder of the possessory right
in the leasehold estate, then:
(1)
If the one of the heirs desires to utilize the home as his/her primary
residence, s/he shall have sixty (60) days to notify the Tribe of
his/her desire to either remain in the home and/or enter in a new
lease for the property;
(2)
If none of the heirs wish to remain in the home and/or enter into
a new lease for the property, the Tribe shall purchase the improvements
recognized to be the personal property of the holder of the possessory
rights at fair appraised value.
D.
If the tribal member lessee of the leasehold estate shall die and
leave heirs, other than a nontribal member spouse, who are nonmembers
of the Tribe, but under federal or state law would be entitled to
inherit personal property from the holder of the possessory right
in the leasehold estate, then:
(1)
If the heir is a resident of the home, s/he shall have sixty (60)
days to vacate the property;
(2)
If the heir is not a resident of the home, s/he shall not be allowed
to move into the home;
(3)
The Tribe shall purchase the improvements recognized to be the personal
property of the holder of the possessory rights at fair appraised
value.
The above rights of the holder of possessory rights are subject
to any tribal laws of general application which may be enacted by
the Tribal Council and which by reference are made a part thereof.
