/r/federalindianlaw
This subreddit is designed for providing background as well as updates on legal matters, issues, procedure, history, etc. that fall under the umbrella of Federal Indian Law. This includes federal laws and court rulings that effect Indian Tribes and people; state legal interactions with Indian Tribes and people; and tribal laws and tribal court rulings.
/r/federalindianlaw
Tribal land inheritance
My husband was listed as having inherited a portion of tribal land when his mother passed away. After several ridiculous years of probate the shares were finally released, but when her two siblings received there's, he did not receive his. Upon further investigation, his stepdad was given life estate, but he doesn't live on the land, it's a flat of tribal land with nothing on it. The way the AIPRA law is written, it goes to the first born heir if nobody is living on the land, that would be my husband, and his stepdad is not living on the land. The BIA is stating that my husband doesn't get the land until his stepdad dies. This does not make sense because the man is not living on it. My husband wants to sell the land to the tribe, his stepdad can't even use it because he's not living on it, he also doesn't live anywhere near it and the laws state that he has to maintain it, but he won't agree to release it just because. To make matters even more awkward the BIA paperwork says his mother was unmarried, and that the land is my husband's, but then says her husband gets life estate? Who would be the best tribal authority to talk to about this?