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Any award made and the amount of such award to the surviving spouse and decedent’s children is in the Court’s discretion. The Court may consider, in addition to any other relevant factors:

(A) The claimant’s present and reasonably anticipated future needs during the pendency of any probate proceedings in Tribal Court with respect to basic maintenance and support;

(B) The resources available to the claimant and the claimant’s dependents, and the resources reasonably expected to be available to the claimant and the claimant’s dependents during the pendency of the probate, including income related to present or future employment and benefits flowing from the decedent’s probate and nonprobate estate;

(C) The intentions of the decedent, as reflected in the provisions made for the claimant by the decedent under the terms of the decedent’s will or otherwise, as well as provisions made for third parties or other entities under the decedent’s will or otherwise that would be affected by an award;

(D) If the claimant is the surviving spouse, the duration and status of the marriage of the decedent to the claimant at the time of the decedent’s death;

(E) The effect of any award on the availability of any other resources or benefits to the claimant;

(F) The size and nature of the decedent’s estate; and

(G) Oral or written statements made by the decedent that are otherwise admissible as evidence. [Res. 06-R-53 § (B)(35.10.020), 5/3/2006.]