Legal News

Unlocking Heirs’ Property Rights: How Law School Clinics Take on Complex Challenges
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

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.

  
What
Where


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.

Take the first step towards finding your dream job – submit your resume to BCG Attorney Search today.

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.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




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.



 

RELEVANT JOBS

Attorney (civil and family)

USA-CA-Riverside

Trial and Appellate law firm, with social justice philosophy, seeking licensed attorney for litigati...

Apply now

Environmental Attorney

India-Delhi-Delhi

They focus on environmental rights and laws and may work on projects relating to renewable energy, s...

Apply now

Associate Attorney

USA-TN-Liberty

Attorneys advise and represent clients during civil or criminal cases. They provide professional adv...

Apply now

Senior Manager, Corporate Secretary's Office

USA-NY-New York City

Job Title:  Senior Manager, Corporate Secretary\'s Office   A little bit about our t...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Education Law Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with ...

Apply Now

Education Law Attorney

USA-CA-Carlsbad

Carlsbad office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with 4-...

Apply Now

Education Law and Public Entity Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law and public ent...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top