Heirs' Property and the Uniform Partition of Heirs Property Act : Challenges, Solutions, and Historic Reform / edited by Thomas W. Mitchell and Erica Levine Powers.

Format:

Book

Author/Creator:

Mitchell, Thomas W.

Contributor:

Mitchell, Thomas W., editor.

Powers, Erica Levine, editor.

Language:

English

Subjects (All):

National Conference of Commissioners on Uniform State Law. Uniform Partition of Heirs Property Act.

National Conference of Commissioners on Uniform State Law.

Partition of decedents' estates--United States--States.

Partition of decedents' estates.

Physical Description:

1 online resource (314 pages)

Edition:

;2022-09.

Place of Publication:

Cleveland : American Bar Association, 2022.

Chicago, Illinois : American Bar Association, [2022]

Summary:

In recent times there has been growing awareness about various heirs' property problems, including massive, decades-long, involuntary land loss. Heirs' Property and the Uniform Partition of Heirs Property Act: Challenges, Solutions, and Historic Reform should increase that awareness among lawyers, the general public, and policymakers. Just as importantly, the book offers many practical solutions for those seeking to address a variety of heirs' property problems. The contributing authors possess deep expertise in working on a range of heirs' property issues, including Thomas Mitchell, the lead co-editor and contributing author, who was awarded the MacArthur Genius Grant in large part for his heirs' property work. These authors include academics, leaders of various nonprofit organizations that do important heirs' property work, grassroot activists, and prominent attorneys in private practice. Includes: Discussion and analysis of the Uniform Partition of Heirs Property Act, which represents historic reform of partition law, the source of massive property loss that has robbed disadvantaged urban and rural families of billions of dollars of generational wealth. Proposals for changing state laws that deprive heirs' property owners of important tax benefits. Detailed guidance on how families and their attorneys can use proactive planning to either avoid or resolve various heirs' property issues. Discussions of how some community-based and community development organizations have not only been helping many families retain their heirs' property, but also have been helping them to use their property in more valuable and sustainable ways, including to build wealth.

Contents:

Intro

Title Page

Copyright Page

Dedication

Contents

About the Editors

About the Contributors

Foreword by Reginald M. Turner, ABA President

Introduction by Thomas W. Mitchell and Erica Levine Powers

Part I: Heirs' Property Partition Reform

Chapter 1: The Uniform Partition of Heirs Property Act: Advancing Social and Racial Justice Through Historic Property Law Reform

Chapter 2: Enactment: The Transition from Uniform Act to State Law

Chapter 3: Taking the Uniform Partition of Heirs Property Act (UPHPA) out of the Rural Context and Strengthening It: The New York Experience and a Framework for UPHPA Advocacy

Part II: The Role of Nonprofit Organizations

Chapter 4: The Uniform Partition of Heirs Property Act: Grassroots Advocacy and Action

Chapter 5: Working with Heirs' Property Families: The Center for Heirs' Property Preservation and The Georgia Heirs Property Law Center

Part III: Proactive Planning by Heirs and Lawyers

Chapter 6: Practically Speaking: Strategies to Prevent and Resolve Heirs' Property Legal Issues

Chapter 7: Probate and Business Organization Strategies to Minimize Land Loss of Heirs' Property

Chapter 8: Heirs' Property, Property Tax Relief, and the Further Undermining of Black and Latino Homeowners' Housing Stability

Afterword: Steven F. Stapleton and Erica Levine Powers

Appendix A: Uniform Partition of Heirs Property Act

Appendix B: Map of Jurisdictions Where the Uniform Partition of Heirs Property Act Has Been Adopted

Index

Back Cover.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-63905-121-X