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Heirs' Property And Black Land Loss: A Hidden Threat To Generational Wealth
Heirs' Property And Black Land Loss: A Hidden Threat To Generational Wealth

Black America Web

time17-07-2025

  • General
  • Black America Web

Heirs' Property And Black Land Loss: A Hidden Threat To Generational Wealth

Source: skynesher / Getty For many Black American families, land ownership has long represented more than financial security; it symbolizes survival, self-reliance, and freedom. Yet a quiet crisis has steadily eroded Black landownership across generations. That crisis is known as heirs' property, a legal and cultural issue deeply rooted in America's racial history. It could single-handedly diminish Black land wealth if left untreated. To understand how we got here, we must take a look back at history. The origins of this issue date back to Jan. 16, 1865, when Union General William T. Sherman issued Special Field Order No. 15, according to the National League of Cities. This wartime decree temporarily allocated 400,000 acres of land—roughly half the size of Yosemite National Park—to formerly enslaved Black Americans in 40-acre plots. It was a transformative vision for racial justice, later remembered by the phrase '40 acres and a mule.' But the promise was swiftly rescinded after President Lincoln's assassination. President Andrew Johnson reversed the order and returned the land to former Confederate owners. While a small number of Black families managed to purchase land, systemic racism and legal loopholes quickly began chipping away at those gains. Sadly, many did not have the proper documentation in place to protect their family land so that it could be safely passed down throughout generations. Heirs' property, sometimes referred to as 'tangled title' land, occurs when property is passed down informally from generation to generation without a will or formal estate plan. When the original landowner dies without a legal will, the property is inherited equally by all legal heirs. Over time, this can mean dozens of people may claim ownership of a single piece of land, none of whom hold a clear or marketable title. Without this clear title, families cannot sell the land, develop it, use it as collateral for loans, or qualify for many federal assistance programs. Every new generation adds more heirs to the legal tangle, making resolution more difficult. Source: Yuliia Kaveshnikova / Getty The consequences of heirs' property are particularly devastating for Black families. Between 1900 and 2000, Black Americans lost an estimated 80% of the land they had acquired—approximately 14 million acres, according to a 2023 report published by the Union of Concerned Scientists . This includes nearly 90% of farmland once owned by Black farmers. According to the U.S. Department of Agriculture (USDA), heirs' property is the leading cause of involuntary land loss among Black landowners. Land tied up in unresolved ownership cannot be used effectively, and its value is often locked away. Even worse, heirs' property opens the door to partition sales. Because all heirs share ownership of the entire property, any one of them—even someone who inherits a small percentage—can petition the court to force a sale of the whole property, the Union of Concerned Scientists notes. This process is often exploited by outside speculators, who purchase one heir's share and then force a court-ordered auction. These sales often result in properties being sold for far below market value, robbing families of both land and generational wealth. The roots of heirs' property are tangled up in decades of systemic racism and legal exclusion. During the early 20th century, very few Black lawyers practiced in the South, and many white attorneys refused to work with Black clients or actively worked against their interests. As a result, many families did not have access to legal help for writing wills or managing estates. A landmark study in 1980 estimated that 81% of Black landowners at the time did not have a will. Some families avoided the legal system entirely, often out of mistrust rooted in personal or community experience. For many Black landowners, the court system was not a place of justice; it was another venue for exploitation. Some believed that avoiding formal documentation would better protect their property from being taken away, a belief that ironically left their descendants even more vulnerable. The situation was compounded by discrimination at the institutional level. The USDA has a long-documented history of denying loans, grants, and technical assistance to Black farmers. In fact, Lloyd Wright, a former director of civil rights at the USDA, once referred to it as 'the last plantation.' Class-action lawsuits like Pigford v. Glickman and Pigford II acknowledged decades of discrimination against Black farmers between 1981 and 1996. However, even after legal victories, many Black farmers struggled to receive promised payments. A 2023 analysis found that only 36% of Black farmers who applied for USDA loans received them, compared to 72% of white farmers. Heirs' property also locks families out of many federal programs intended to support farmers, homeowners, and landowners. Without proof of a clear title, these families are often ineligible for disaster relief, agricultural subsidies, and other aid, especially in times of crisis. Source: Vladimir Vladimirov / Getty Heirs' property continues to rob Black families of the land and wealth their ancestors fought so hard to gain. However, there are steps families can take to protect their property and preserve their legacy. The first and most important step is estate planning. Creating a legal will or living trust ensures that land passes clearly and intentionally to chosen heirs. According to the Center for Agriculture & Food Systems , a trust is a legal arrangement used to hold and manage assets, including real estate. Establishing a trust can be an effective way to prevent the creation of heirs' property. If you own land in your name, you might consider transferring that land into a trust. Here's how it works: you transfer the ownership of the land into the trust and name yourself as the trustee, meaning you retain control and manage the property. You can also name yourself as the initial beneficiary, allowing you to continue enjoying the benefits of the land during your lifetime. In the trust document, you would designate successor trustees to take over management after your death, as well as successor beneficiaries who will inherit the benefits of the trust. By keeping ownership within the trust, the land does not pass informally through generations. This structure avoids the legal confusion that leads to heirs' property and ensures a clear, organized plan for who will manage and benefit from the land in the future. Working with a lawyer or nonprofit that specializes in trusts and heirs' property can help sort out the legal claims and create a path forward. Families can also benefit from creating family land agreements. These are internal written contracts that outline how the land will be used, maintained, and passed on. 'A family agreement should include everyone's contributions, what they expect in return, and what should happen if the agreement ends,' Compass notes. Establishing clear communication among heirs—no matter how distant—can prevent confusion and conflict later, if it arises. Legal reforms are also underway to protect Black families and vulnerable communities. A growing number of states have adopted the Uniform Partition of Heirs Property Act (UPHPA), which offers legal protections for families by giving co-owners the chance to buy out a potential seller's share and requiring fair market value assessments before sales are allowed. While these laws don't solve every problem, they are an important tool for keeping land in the family. Finally, education and open conversation are essential. Families should talk openly about land ownership, inheritance, and planning for the future. The silence surrounding these topics has, in many cases, allowed the issue of heirs' property to grow unchecked. Heirs' property is not just a legal inconvenience. It is a structural barrier that continues to strip Black families of generational wealth, economic opportunity, and community stability. For Black families, protecting that legacy means reclaiming the promise that was denied generations ago, and ensuring that future generations inherit not just property, but power. SEE MORE: Mindset Of An Entrepreneur: Why Black People Should Consider Homesteading To Create Generational Wealth Altadena Not For Sale: Preserving Black Homeownership SEE ALSO Heirs' Property And Black Land Loss: A Hidden Threat To Generational Wealth was originally published on

Inflation Is Hurting Everyone — But For Parents, It's Taking A Deeper Toll
Inflation Is Hurting Everyone — But For Parents, It's Taking A Deeper Toll

Yahoo

time07-05-2025

  • Business
  • Yahoo

Inflation Is Hurting Everyone — But For Parents, It's Taking A Deeper Toll

Highly emotional responses to money problems are so, so common. skynesher via Getty Images With the economy changing, prices rising and people feeling the pressure of all this uncertainty in their day-to-day lives, it's no secret that families are concerned about their finances. However, these concerns could be impacting some people more deeply. New research found that the mental and emotional cost of rising prices may be landing heaviest on the shoulders of parents — especially mothers and primary caregivers. In the MoneyLion x Mastercard 'Health is Wealth' report, 84% of parents with children under 18 said inflation has negatively impacted their well-being, compared to 59% of nonparents. For many families, rising costs are not just a budget concern; they also trigger guilt, burnout and health strain. In addition to the tactical stress of managing money right now, some parents are starting to question everything, from how they're raising their kids to how to manage their own reactions so that this financial moment doesn't create a ripple effect on their children's future relationship with money. Emotional reactions may start to take over. As I work with mostly female entrepreneurs moving through financial trauma, it's normal to encounter moments where emotion takes the driver's seat. Thought spirals might be rooted in truth, but they are inflated by fear. Right now, financial stress is heightening those distortions — often without people realizing it. 'One of the most common ways in which financial challenges produce stress is that they incite catastrophizing,' said Dr. Ashwini Nadkarni, a psychiatrist and clinical researcher. 'People may quickly jump to picturing the worst possible outcome and thinking there is a higher likelihood of it happening than there is.' Highly emotional responses can also come from when parents double down on efforts to keep their income aligned with rising expenses. Corritta Lewis, a parent of a 6-year-old, shared how the weight of trying to 'do it all' in this economy shows up emotionally. 'There is a constant questioning if I am doing the right thing,' Lewis said. 'With the cost of living increasing so much the last 3 years, I am working more than ever. I've caught myself saying, 'not right now, I am working,' and it hit me like a brick that he's going to stop asking me to play with him if I keep saying 'not right now.'' People with kids are reporting feeling the stress of inflation at a higher rate than many of their childless peers. ArtistGNDphotography via Getty Images Although it's often a subconscious reaction, financial anxiety can surface in the smallest everyday moments, like Alli Kushner, founder of playdate scheduling app BeeKyn, said of her response to her toddler wasting food. 'I ran out to our corner grocery the other night for a half gallon of milk, and it was almost $10,' she said. 'So when my toddler takes two sips and then dumps the rest in the sink or takes one bite of an egg and chucks the rest on the floor, there's this internal voice that kicks in, like, 'Do you know how much that cost?' But of course she doesn't because she's still learning cause and effect. Cost per ounce is a whole other level.' These reactions are completely natural. But they also reflect a deeper truth: When we're stretched thin, we're more likely to attach emotional weight to things we usually wouldn't. That's why it's so important to be aware of when our reactions are based on financial stress rather than intentional parenting values. 'I try to remind myself that waste at her age isn't intentional or malicious, it's part of learning,' Kushner added. 'I want to teach my kids to be mindful without tying food to guilt. So I serve smaller portions, save leftovers when I can, and try my hardest to keep the bigger picture in mind.' Education and housing are top of mind. While groceries may be the first thing that comes to mind under inflation pressure, parents are also making tough decisions around key pillars of their child's development and well-being, particularly education and housing. Angela Simoes, an independent communications consultant and mom in California, is already having conversations about college and whether it might make more sense to send her daughter overseas. 'Even paying for a public state school has gotten extremely expensive, so we are planting the seeds of attending university abroad (Portugal specifically) with our daughter,' she said. 'We have dual citizenship so it would definitely be possible for her, and certainly more affordable for us!' Her family has already made one move in search of a better quality of life. But the financial trade-offs keep adding up: 'Taxes and insurance continue going up and it's scary,' Simoes said. Crunching the numbers for your family's long- and short-term future is even harder in unpredictable times. d3sign via Getty Images However, these financial calculations aren't unique to higher education. Mandi St. Germaine, a mother of four, is also grappling with how rising costs are reshaping daily decisions. 'We are facing decisions like housing, education, and everyday lifestyle choices when it comes to how we move forward based on the economy,' she said. 'The declining quality of public education in some areas has us turning to private schools, but the fees and tuition are significant.' As a curriculum coach, St. Germaine sees firsthand how this stress plays out inside schools: 'I see a decline in resources, burnt-out teachers, and growing needs of the students. It's hard not to feel the weight of that both professionally and personally.' But the pressure may be even more intense for parents of larger families like Richard Robbins, who recently welcomed his ninth child. For him, the concern stretches beyond education to the foundation of financial stability. 'Sometimes I wake up in the morning thinking, 'What do I need to do to keep this family from sinking financially?'' Robbins and his wife have previously built and sold two businesses, and were optimistic about launching their newest family endeavor. But running a business in today's economy has brought unexpected hurdles. 'Our suppliers are consistently out of stock of popular items. Prices have risen to unreasonable levels and often without warning. AI has changed much of the landscape for doing marketing, which means we're having to re-tool to catch back up to speed.' Still, he's trying to maintain optimism and model resilience for his kids. 'We're looking at it as the next challenge that we have to overcome, and that should produce a family full of better-skilled and more resilient people,' he said. How can parents protect their well-being? While many parents are trying to figure out how to navigate this financial moment, one thing is clear: The pressure to provide and protect, both financially and emotionally, takes priority. Parents are doing the math in their heads while managing the emotions in their bodies, often without the space or support for either of these things. They're trying to teach resilience without transferring fear, and that balance can feel impossibly shaky. Mental health professionals say this emotional strain is both common and treatable, but only if we acknowledge it. Nadkarni noted that unchecked stress often leads to catastrophizing, making worst-case scenarios feel inevitable. She recommends creating proactive plans and practicing 'cognitive restructuring' by gently challenging those spirals and returning to the present moment. In addition, Mayron Piccolo, a psychologist and lecturer at Harvard, said caring for your own nervous system is essential to caring for your kids. That includes naming what you're feeling, staying connected to others, and engaging in small, grounding acts of control, even if it's just deciding what's for dinner. Because when everything feels unstable, the most radical thing a parent can do is slow down, center themselves and take one grounded step at a time. Inflation may be out of parents' hands — but how we respond to it and how we protect our peace while raising the next generation is where our power lies. Related...

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