Heirs’ Property and the Legacy of Racism in Homeownership

A look at how Black community members lost homes — and how unjust laws continue to block their ability to pass down property today.

By Sabrina Bazile and Josephina Oluwa, Black Homeownership Project at the Center for NYC Neighborhoods.

On Juneteenth, we reflect on freedom — and on the policies that have long denied people of color the freedom to build and pass down wealth.

One of the most powerful — and most overlooked — ways this has happened is through exploiting a homeowner relationship called heirs’ property. We recently completed research — a complement to our 2018 study of Black homeownership trends in New York City — that highlights how institutional racism has left many Black families and individuals without the legal tools to keep their homes in the family — and at greater risk of displacement.

A Legacy Rooted in Racism

Heirs’ property is the product of biased policies that have denied Black Americans access to basic legal protections for generations.

Historically, Black homeowners were excluded from the court system, denied legal representation, and given limited access to wills, title services, and financial planning. Even today, wills and estate planning are often seen as services for the wealthy — not because of an unwillingness to plan, but because of the implication that such tools weren’t made for them.

The Result — Heirs’ Property

When a homeowner dies without a will, the property often becomes “heirs’ property,” meaning it’s now owned jointly by all heirs — even across generations. Without clear title, families and individuals often can’t get homeowner assistance, repairs through city and state programs, and are vulnerable to speculators or even deed theft.

Impact on Black Homeowners in NYC

We’ve examined the impact of heirs’ property on Black homeowners in New York. Among the findings:

• Black and low-income New Yorkers are disproportionately affected by heirs’ property issues
• Historic legal discrimination in the South shaped today’s laws and inheritance practices in NYC
• Property not included in an estate plan is more likely to be lost, often without the heirs even knowing their rights
• Unresolved estate and ownership issues can lead to mortgage or property tax foreclosure

More broadly, our research shows that heirs’ property is part of a larger pattern of race-based exclusion from wealth-building tools.

A Time to Reflect on Freedom — And Broken Promises

Heirs’ property is a product of post-bellum America — including Jim Crow and redlining — and historically supported by a legal system that rarely protected Black and Brown wealth. As we honor Juneteenth, we must also name the barriers that still exist today — and work together to remove them. That means expanding estate planning services, and funding legal protections for low- and middle-class homeowners.

It’s also time to shift the narrative: planning for the future is not a luxury that only rich people can afford, and every person should have access to these tools.

Help with Estate Planning is Available

If you or someone you know needs help making a will, assigning power of attorney, or protecting a home, the Center’s Generation 2 Generation program can help. Call 1-855-HOME-456 or visit bhp.cnycn.org/get-help.

Sabrina Bazile and Josephina Oluwa are respectively the senior program manager and program coordinator at the Center for NYC Neighborhoods.