12.02.240 Tribal Council Action

(a) Real Property. Non-members of the Tribe and non-Indians may not receive or hold a permanent right to possess an interest in Tribal Lands through a Will, trust instrument, or any other conveyance.

(b) Tribal Council Authority. If a Tribal Member dies, and the estate is admitted to probate, the Tribal Court shall not have jurisdiction over the question of whether a surviving non-Tribal Member spouse or child may be the beneficiary of a possessory interest held by the deceased. The Tribal Council retains the authority to grant a life estate to a surviving non-Tribal Member spouse or child at the request of a Tribal Member or the non-Tribal Member spouse or child in lieu of any inheritance of such tribal property from the deceased.

(c) Petition. In order to obtain the benefits of a life estate, a non-tribal member spouse, a non-member spouse on behalf of minor children, or a non-member child may petition for a life estate by completing a form designated by the Tribal Clerk's Office requesting that the Tribal Council approve a life estate. This form also shall be provided to the Tribal Court as part of the estate record. A copy of the death certificate shall accompany the request for a life estate. The petition should also include any statements of support from the family or community.

(d) Rights. The Tribal Council has no obligation to grant a life estate to a non-Tribal member. Subject to the terms of the Indian Civil Rights Act, the Tribal Council's decision shall be final for the Tribe and not subject to review by the Tribal Court. A life estate can be revoked at any time since the Tribe retains the right to exclude anyone from the Reservation.

(e) Interest Granted. By granting a life estate, the life estate beneficiary is entitled to the use and income from the deceased's interest in tribal property. Upon the death of the life estate beneficiary, the property shall transfer to the holder of the remainder of the estate interest or if, no other beneficiary exists, it shall revert to the Tribe.