It is a good idea to have a will if you are receiving housing assistance from a government program. This is because the housing program may have specific rules about who can inherit your housing if you die.
My parent(s) received their house through Housing Program and have passed away, who owns the house?
The answer to this question is, it depends; and you will likely be asked many questions before attaining your answer. You should first contact your tribal servicing housing office, BIA Agency, or Regional Housing Officer. It’s a good idea to have the answers to some of the following questions: What was the name(s) of the actual HIP recipient?, Date received HIP assistance?, Did they have a Will in place? Did they name a Successor on the Grant Agreement? Have you contacted the Tribal Court & Probate?
What happens if I pass away while living in my house which received housing program fund?
Like the question above, it depends. If you have a Will it will go to the person named in your Will. If you named a Successor on your Grant Agreement, it should go to the person you named. Otherwise, the decision will end up with Tribal Court & Probate.
What happens if I pass away while my home is under construction and I have not signed any agreements yet?
In most cases, the award will stay with the family and construction will continue as planned; however, it is ultimately the Tribes decision. Many factors will come into play, who owns the land you or tribe, was your spouse/partner/significant other also listed on your application, etc
What happens if I am going to receive HIP assistance for a new home or renovation and I pass away and have not signed any agreements yet?
Same as previous question, in most cases, the award will stay with the family and construction will continue as planned; especially in the case of the renovation. The successor will have to assume the grant agreement.
What happens if I am terminally ill admitted to hospital then nursing home?
In most cases, the award will stay with the family and construction will continue as planned; especially in the case of the renovation. Tribal Housing Policies may apply.
Will the successor I listed really receive the house?
Yes, they should but there is no law governing the Grant Agreement, which is why we strongly recommended you have a Last Will and Testament. Tribal Housing Policies may apply.
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