WASHINGTON, D.C. — The conversations some Black families have regarding keeping up grandma’s house or keeping up the family property are real. Family members might only make visits during family reunions or specific holidays. However, when everyone travels home, the conversation surrounding the costs of keeping up the property still remains. During the 53rd Annual Legislative Conference at Congressional Black Caucus Weekend, U.S. Congresswoman Nikema Williams led a discussion focused on the challenges and solutions for inherited property, particularly among Black families. Williams (GA-05), highlighted that 70% of Black Americans lack wills, contributing to the $32 billion racial wealth gap.
“And without wills and estate planning it is next to impossible to secure wealth from generation to generation,” explains Williams. “This continues to contribute to the racial wealth gap. Closing the racial wealth gap is one of my biggest priorities in Congress, because Atlanta, unfortunately, continues to have one of the widest racial wealth gaps in the country.”
In response to those facts, Williams introduced the Heirs’ Estate Inheritance Resolution and Succession (HEIRS) Act. It aims to provide legal assistance and incentivize states to adopt the Uniform Partition of Heirs Property Act. The legislation is co-signed by the following Democrats, Congresswoman Lizzie Fletcher (TX-07), Congressman Emanuel Cleaver (MO-05), and Republican Congressman Byron Donalds (FL-19).
“I committed to trying to do something about this problem because it’s inherently unstable, inherently subject to forced sales,” explained Thomas W. Mitchell, professor at the Boston College Law School. “Largely, but not exclusively, because of this arcane, archaic property law that we got from inland, called partition law. There are other explanations for the instability as well. But also this ownership can be an ownership that makes it incredibly hard to preserve wealth, grow wealth, and leads to wealth completion.”
Action Items and Solutions
The panelists discussed the importance of estate planning, the rise of deed fraud, and the need for more Black estate planning attorneys. The Federal Home Loan Bank of Atlanta has allocated $100 million for affordable housing, and the Southern Poverty Law Center provides legal aid. The session emphasized the need for community education and legislative support to address these issues.
Dr. Courtney Johnson Rose, President of the National Association of Real Estate Brokers (NAREB), curated a course called ‘What To Do With Big Mama’s House?’ Johnson Rose received calls regarding blighted properties and from people that did not know how to take care of these homes. Her efforts created an initiative for Black farmers because those issues persist as well.
“We were just in Philadelphia this past weekend with our first edition of The Black Wealth Tour,” said Johnson Rose. “More than 200 Black farmers attended and heirs’ property is a huge issue in the Black farming community. We have created ‘What to do with Big Mama’s Farm?’ But our goal at NAREB is to penetrate into our communities. Identify the root of the issue and be able to provide solutions for Black families and resources for them.”