Unlocking Heirs’ Property Rights: How Law School Clinics Take on Complex Challenges

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Faulkner University’s Thomas Goode Jones School of Law is making significant strides in addressing the complex issue of heirs’ property rights through its pro bono heirs’ rights clinic. Led by Professor Kelly McTear, who serves as the director of public interest programs at the law school, the clinic aims to provide assistance to individuals from low-income communities in Alabama’s Montgomery and Macon counties, helping them obtain clear titles to their land or homes.

For years, heirs’ property has been an overlooked problem, particularly impacting generations of Black families. It refers to property or homes that have been passed down to family members without a proper deed or will, resulting in a lack of clear ownership. This poses challenges for descendants who struggle to sell or lease their property, build equity, access homeowner assistance funds, or receive disaster relief. Over time, as the property is inherited, multiple heirs can claim it, leaving it vulnerable to outsiders who may purchase a partial interest and initiate a partition action in court. This can often lead to court-ordered sales at significantly reduced prices, depriving families of their ancestral land.

The issue of heirs’ property ownership, combined with historical Jim Crow laws, has disproportionately affected Black farmers, causing them to lose millions of acres of land and billions of dollars in wealth. However, other disadvantaged families and communities also face the challenges of unclear property titles.

  

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At the Faulkner clinic, ten law school students, under McTear’s supervision, will help families determine ownership interests in their properties. Additionally, the clinic will provide resources to clients, guiding them through mediation programs and assisting in the establishment of family limited liability companies (LLCs) or trusts to consolidate ownership. In certain cases, the clinic may represent clients in partition and title actions, advocating for their rights.

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Professor Thomas W. Mitchell from Boston College Law School, a renowned expert on heirs’ property, played a pivotal role in drafting the Uniform Partition of Heirs Property Act. This legislation safeguards individuals stuck in tenancy-in-common ownership structures with multiple heirs. The act has been enacted in 21 states, the District of Columbia, and the U.S. Virgin Islands, with five additional states considering its implementation.

Several other law schools are also addressing heirs’ rights issues. Texas Southern University’s Thurgood Marshall School of Law operates a Wills, Probate & Guardianship Clinic that covers heirs’ property, while Wake Forest University School of Law recently established the Heirs’ Property Project as part of its Environmental Law and Policy Clinic. At Wake Forest, a team of twelve law students is handling multiple cases, working to develop a network of lawyers trained in managing heirs’ property cases and acting as a research hub for land rights issues in North Carolina.

In parallel efforts to reclaim stolen land for heirs, the organization Where is My Land is assisting several Black families. The group successfully aided the relatives of Charles and Willa Bruce in reclaiming land seized through eminent domain in Manhattan Beach, California. They are now supporting the descendants of playwright Lorraine Hansberry, famous for her work “A Raisin in the Sun,” in seeking reparations from the City of Chicago for property unjustly taken from their family.

McTear envisions expanding the reach of Faulkner’s clinic beyond Montgomery and Macon counties by collaborating with the Montgomery Volunteer Lawyers Program, the Alabama State Bar Volunteer Lawyers Program, Legal Services Alabama, and local courts. Additionally, the clinic aims to forge partnerships with farmers’ alliances and other universities to address the prevalent issues of heirs’ property rights throughout Alabama.

By tackling this critical issue head-on, Faulkner University’s Thomas Goode Jones School of Law and other institutions are making strides towards rectifying historical injustices, empowering disadvantaged communities, and ensuring a more equitable distribution of property rights.