Saint Regis Mohawk Tribe Probate Law Amendment Comment Period
May 5, 2021
AKWESASNE — The Saint Regis Mohawk Tribal Council and Tribal Clerk announced that a 30-day comment period is now open regarding proposed amendment of the Tribe’s Probate Law.
The following is a listing of the proposed amendments:
- Added an Ancillary Probate/Administration section at 1.3(c).
- Updated Section 1.3(d)--Nation Practices to require the Tribal Court to take testimony regarding the Ten (10) Day Feast and it may incorporate it into the distribution so long as all parties agree to be bound by it.
- Updated Section 2.1(d)--Limited Administration to allow the Tribe to file for limited administration.
- Expanded who can inherit under Section 3.2(b)--Estate Distribution Principles for an Estate Without a Will to include nieces and nephews and aunts and uncles.
- Updated Section 3.2(c)—Agreement on Plan for Distribution to allow Tribal Court when there is no agreed-upon plan for distribution to take into consideration the value of land in determining a plan when Tribal Members and non-Tribal Members are to share in an estate.
- Clarified who can be appointed as an Administrator under Section 3.4(c) to include a non-Tribal Member so long as the person consents to the Tribal Court’s jurisdiction.
- Updated Section 6—Appeals to make clear that only final orders can be appealed except for interlocutory orders issued under Section 4.5(c).
The Saint Regis Mohawk Tribe Probate Law is available for community viewing on the Tribe’s main website or you can to obtain a copy by calling the Tribal Clerk’s Office at (518) 358-2272.
You can submit your written comments until Friday, June 4, 2021 to tclerk@srmt-nsn.gov or they can be delivered in-person to the reception desk at:
Tribal Clerk’s Office
Re: Probate Law Amendments
71 Margaret Terrance Memorial Way
Akwesasne, NY 13655
If any comments are received, they will be reviewed and the amended legislation will be posted once more for community review. If no comments are submitted, the Tribal Council shall proceed with adopting the legislation into law by Tribal Council Resolution.
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The Saint Regis Mohawk Tribal Council is the duly elected and federally recognized government of the Saint Regis Mohawk People.