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Seneca Nation Probate Code: Frequently Asked Questions…

MARITAL ISSUES

Question: If I am separated, but not divorced and die without a will, can my ex-spouse still receive anything from my estate?

Answer: Yes. The Probate Code only recognizes a divorce as terminating marital status. Under the intestacy rules of the Probate Code, the surviving spouse is entitled to 50% of the entire intestate estate and 50% to surviving biological children. The surviving spouse must be enrolled to receive land.

Question: What if my parents are not legally married and they die without a will, can I inherit from my mother’s or father’s estate?

Answer: Yes, as long as the relationship of parent and child has been established in accordance with the Nation’s customs. The father must openly treat you as his child or paternity must be judicially determined during the life of the father or in some manner which satisfies the court of paternity.

Question: My spouse is not enrolled, how do I ensure that he or she is entitled to receive a life estate in my land?

Answer: Your spouse must meet the following conditions:

• Be enrolled in another Federally recognized tribe and provide proof of enrollment;
• Occupy the homestead as a residence at the time of your death;
• Not abandon the homestead for more than 90 days, which includes non-physical occupancy and any attempt to sell, rent, lease or dispose of the homestead and remarriage;
• Has no commercial timber, sand and gravel rights in the homestead;
• Keep a record of your marriage on file in the SNI Clerk’s Office;
• Marriage must be recognized by New York State or the Longhouse;
• Does not include lands that are not beside the lands where the homestead is located; and
• If the homestead is abandoned, it reverts to your heirs next in line.

Next issue will contain frequently asked questions pertinent to family issues.