[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 1-2-2020 by Ord. No. 19-29. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Defined in § 450-2.
Individual or individuals holding an interest in a lease.
Defined in § 450-2.
A.
A lease shall be transferred without probate to a designated beneficiary
upon meeting the requirements of this chapter on the death of the
lessee.
B.
A beneficiary may be designated on a lease by including a provision
that clearly indicates the intent to transfer the lease upon death
to a beneficiary, and recording that lease with the real estate office.
C.
The designation such a beneficiary on a lease does not affect any
interest in the trust land until the death of all persons named on
the lease.
D.
The designation may be canceled or changed at any time by a lessee,
without the consent of the beneficiary, or the Tribe, by amending
the lease to designate a different beneficiary or no beneficiary,
and recording such amendment with the real estate office. The recording
of a lease with the real estate office that designates a beneficiary
or no beneficiary revokes any designation made in a previously recorded
lease relating to the same trust land.
Upon death of the lessee, a beneficiary shall provide to the
real estate office the following:
A.
A death certificate of the lessee; and
B.
A copy of the lessee's will; or an affidavit stating that the
beneficiary, after making a good faith effort to locate a will of
the lessee, has not been able to locate such a will, and upon information
and belief, no will exists; and
C.
If the will provided pursuant to Subsection B provides that anyone other than the beneficiary is intended to obtain an interest in the interest in the lease, an affidavit, quitclaim deed, or other instrument acceptable to the real estate office showing a transfer of all interest in the lease from said person or persons to the beneficiary.
D.
If the beneficiary is not the spouse of the lessee and the lessee
is survived by a spouse, an affidavit, quitclaim deed, or other instrument
acceptable to the real estate office showing a transfer of all interest
in the lease from said person or persons to the beneficiary.
E.
If the beneficiary is not the child of the lessee, and the lessee
is survived by a minor child, an affidavit, quitclaim deed, or other
instrument acceptable to the real estate office showing a transfer
of all interest in the lease from said surviving minor child to the
beneficiary.
F.
If more than one beneficiary is named on the lease, an affidavit,
quitclaim deed, or other instrument acceptable to the Tribal real
estate office showing a transfer of all interest in the lease to one
of the named beneficiaries.
A.
Upon compliance with the provisions of § 451-3, the real estate office shall prepare a verified statement confirming transfer of interest in the lease from the deceased to the beneficiary.
B.
Said statement shall include, but not be limited to:
(1)
The name of the beneficiary;
(2)
The effective date of transfer of the lease to the beneficiary;
(3)
If the beneficiary is not a member of the Tribe, any changes to the
lease termination date as required by Article XI, Section 2, of the
Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin;
(4)
Agreement of the beneficiary to comply with all terms of the lease,
including any change to the lease made pursuant to the statement.
(5)
Notarized signature of the beneficiary.
C.
If the lease had been approved by ordinance, an amendment to that
ordinance showing the beneficiary as the lessee shall be prepared
by the real estate office and placed on the agenda of the Tribal Legislature
for approval.
D.
If the lease has not been approved by ordinance, the real estate
office shall publish notice of the beneficiary's assumption of
the lease.
E.
Upon final approval of the ordinance amendment pursuant to Subsection C or publication pursuant to Subsection D, the verified statement pursuant to Subsection B shall be recorded in the office of the Register of Deeds of the county in which the property is located, and in the Tribal real estate office.
If the Tribal real estate office determines that the lease or permit is not eligible for transfer pursuant to this chapter, they shall provide a written statement to that effect to any "interested person" as that term is defined in Chapter 450.
Any person claiming that they have an interest in a lease that has been transferred pursuant to Chapter 451 may maintain an action in Menominee Tribal Court against the Menominee Indian Tribe of Wisconsin, and any judgment by the Court shall determine the interest of the claimant and beneficiary in the lease. Any beneficiary may intervene in an action under this section. No action for such a declaration shall be brought more than three months after final approval of an ordinance amendment pursuant to § 451-4C; or publication of notice pursuant to § 451-4D. Nothing in this section acts to waive the Tribe and tribal officials immunity from imposition of damages pursuant to Chapter 120 of the Menominee Tribal Code or any other applicable tribal law.
