(a) The Court may award such additional sums of money as it deems reasonable for the support,
during such period, of minor and adult dependent children of the decedent who resided with the
surviving spouse at the time of the decedent's death.
(b) The award shall in no case be more than the appraised value of the estate.
(c) The award shall be paid to the surviving spouse at such time or times, not exceeding 6
installments, as the Court directs.
Section 5-35 Dwelling Exemption
5-35.01 Dwelling Exemption. Upon appraisal of an estate and determination that a dwelling inventoried in
said estate is personal property in which other heirs and/or creditors have an interest, and the dwelling is
occupied by the surviving spouse and/or children of the deceased, and it being further determined that said
dwelling is necessary for the welfare and protection of such surviving spouse and/or children, the Court may
order such dwelling set aside for the benefit of said surviving spouse and/or children as a homestead for a
period of 10 years, or the Court, in its discretion, may grant to the surviving spouse and/or children
additional rights of occupancy and use up to and including permanently setting aside said property or
passing title thereto, provided, however, that this exemption shall not preclude the claims of secured
creditors who perfected liens prior to death of decedent.
Section 5-36 Notice
5-36.01 Notice.
(a) Except where specifically provided for in this Chapter, no notice to interested persons need be
given.
(b) Sufficiency of notice where required, shall be in accordance with the provisions of Chapter 5 .
Section 5-37 Wrongful Slayer Provision
5-37.01 Wrongful Slayer Provision. No slayer who has participated either as a principal or as an accessory
before the fact in the willful and unlawful killing of the decedent shall in any way acquire any property or
receive any benefit as the result of the death of the decedent.
(a) Said slayer is to be deemed to have predeceased the decedent as to property which would have
passed from the decedent or his estate to the slayer under the provisions of this Chapter.
(b) This provision shall also apply to any statutory right of the surviving spouse relating to
community property agreements made with the decedent under the provisions of the laws of the
State of Washington.
Section 5-38 Escheat to Tribe for Want of Heirs
5-38.01 Escheat to Tribe for Want of Heirs. Whenever any person shall die leaving property which would be
subject to the jurisdiction of the Spokane Tribal Court, without being survived by any person entitled to said
property under the provisions of this Chapter, such property shall be designated as escheat property and
title to such property shall vest in the Spokane Indian Tribe.
Section 5-39 Simultaneous Death Provision
5-39.01 Simultaneous Death Provision. Where the title to property covered under this Chapter or the
devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have
died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived
except where provided otherwise in this Chapter.
Section 5-40 Adult Guardianship
5-40.01 Intent. The intent of this document is to establish a guardianship code for the Spokane Tribe of
Indians for the purpose of protecting the health and welfare of all persons on all lands within the Tribe's
jurisdiction.
5-40.02 Jurisdiction. The Tribal Court of the Spokane Indian Tribe shall have authority, whenever it appears
necessary, to appoint guardians over the person and estate of a natural person over the age of 18 years
incapacitated only by reason of physical or mental sickness or deficiency, advanced age, or chronic use of
drugs or alcohol.
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Revised Spokane Law & Order Code, 5/14/2013