Lincoln Institute Examines $325 Billion Heirs Property Losses, Urges 23-State Legal Fixes
Updated
Updated · Journalist's Resource · Aug 5
Lincoln Institute Examines $325 Billion Heirs Property Losses, Urges 23-State Legal Fixes
3 articles · Updated · Journalist's Resource · Aug 5
Summary
January talks convened by the Lincoln Institute brought together more than two dozen lawyers, researchers and advocates to map policy responses to heirs property, a form of inherited ownership that can leave families vulnerable to forced sales.
11 million acres of Black-owned land were lost between 1910 and 1997—worth more than $325 billion—as tangled titles and fractional ownership let relatives or outside investors trigger partition actions and auction sales.
More than half of property-tax foreclosures in Dallas and Tarrant counties involve heirs properties, according to conference participants, because owners without clear title often cannot claim homestead exemptions, loans, insurance or repair aid.
23 states have adopted the Uniform Partition of Heirs Property Act, which gives co-owners a buyout option and requires fair-market sales; more than 30 states also allow transfer-on-death or similar deeds to avoid probate.
$9,200 is the average cost to clear a tangled title in Philadelphia, underscoring why advocates also pushed legal-aid partnerships, estate-planning outreach and trust or LLC structures to keep land in families.